Streete (Director of the Anguilla Financial Services Commission) v Caricom Management Services and Private International Trust Corporation (and its Subsidiaries Owned and Managed by Joseph Brice)

• Jurisdiction: Anguilla
• Judge: Michel, J.
• Judgment Date: 11 March 2009
• Neutral Citation: AI 2009 HC 5
• Date: 11 March 2009
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Docket Number: AXA HCV 14 of 2009

High Court

Michel, J. (Ag.)

AXA HCV 14 of 2009

Streete (Director of the Anguilla Financial Services Commission)

and

Caricom Management Services and Private International Trust Corporation (And its Subsidiaries Owned and Managed by Joseph Brice)

Appearances:

Mrs. Cora Richardson-Hodge for the defendants/applicants.

Mr. Ivor Greene for the claimant/respondent.

Civil practice and procedure - Pleadings — Application for striking out statement of case — Claim form not verified by a certificate of truth — Whether claim form ought to be struck out for failing to comply with rule 3.12 of the Civil Procedure Rules — Application to set aside an ex parte order.

1 Michel, J. (AG.): On January 21st 2009, Mr. Niguel Streete, the Director of the Anguilla Financial Services Commission, made an ex parte application to the Court for the appointment of an administrator of Caricom Management Services and Private International Trust Corporation and its subsidiaries. The application, which was made without notice to the respondents, was supported by an affidavit of Niguel Streete, filed on the same date. The application was made pursuant to section 17(1)(a) of the Trust Companies and Offshore Banking Act, Chapter T60 of the Revised Statutes of Anguilla (the Act) and came before the Honourable Mr. Justice Anthony Ross on January 27th 2009, who granted the application and appointed Ms. Felicia Hill as Administrator.

2 On the same January 27th 2009 Mr. Streete, still in his capacity as Director of the Anguilla Financial Services Commission, filed a Claim Form seeking the same relief as was sought in his ex parte application.

3 By Notice of Application filed herein on February 19th 2009, the respondents to the application of January 21st 2009 made an application that the statement of case filed herein on January 27th 2009 be struck out and/or that the ex parte Order made herein on January 27th 2009 be set aside. The application was supported by an affidavit of Joseph Brice dated February 19th 2009 and a second affidavit of Mr. Brice dated February 27th 2009. Mr. Niguel Streete filed an affidavit on March 4th 2009 in response to the application of February 19th 2009.

4 Ground (1) of the application by the defendants/applicants is that the statement of case filed herein on the 27th day of January 2009 does not comply with Rule 3.12 of the Eastern Caribbean Supreme Court Civil Procedure Rules 2000 (the CPR).

5 Rule 3.12 of the CPR provides that every statement of case must be verified by a certificate of truth signed either by the party personally or, if it is impracticable for the party to sign personally, then by the party's legal practitioner.

6 The only statement of case filed in this matter to date is the claim form filed by the claimant/respondent on January 27th 2009 and the aforesaid claim form is not verified by a certificate of truth signed by anyone. In accordance with Rule 3.13(1) of the CPR, therefore, the claim form will be struck out for failing to comply with Rule 3.12.

7 Ground (2) of the application by the defendants/applicants is that the statement of case does not comply with Rules 8.1 and 8.2 of the CPR.

8 Rule 8.1 of the CPR provides that, subject to Rule 8.2, a claimant must file, together with his claim form, either a statement of claim or an affidavit or other document required by a rule or practice direction. Rule 8.2 indicates the circumstances in which a claim form can be issued and served without a statement of claim or affidavit or other document as provided for in Rule 8.1.

9 There is no statement of claim or affidavit or other document issued with the claim form filed in this matter on January 27th 2009, as required by Rule 8.1. There is however a submission on behalf of the claimant/respondent to the effect that words spoken by Ross, J. when the parties were before him on January 27th 2009 might amount to permission by the Court to file and serve a claim form without a statement of claim or affidavit or other document required by Rule 8.1. There is however a notable absence of an order to this effect, which appears to have been contemplated by the authors of the CPR, when one considers the wording of Rule 8.2(6).

10 Counsel for the defendants/respondents was prepared to concede this issue if...