Wael Almazeedi v Joint Official Liquidators of BTU Power Company (in Official Liquidation) - Ruling
Whether the Court of Appeal (via a single judge) has jurisdiction to order security for costs in relation to an application for leave to appeal; Interpretation of sections 5, 19(2), 33, and 36 of the Court of Appeal Law (Cayman Islands); Applicability of inherent jurisdiction and comparative legal principles from Jamaica and England; Whether a broad constitutional challenge alleging judicial bias can justify exemption from security for costs; Assessment of likelihood of success and public interest in appeals alleging lack of judicial independence; Consideration of impecuniosity and abuse of process in resisting liquidation proceedings.
| Cause Number | Civ App 0020/2014 |
|---|---|
| Court | CICA (Civ) |
| Judge | Smellie CJ |
| Parties | Wael Almazeedi v Joint Official Liquidators of BTU Power Company (in Official Liquidation) - Ruling |
| Judgment Date | 2015-03-06 |
| Subject | Whether the Court of Appeal (via a single judge) has jurisdiction to order security for costs in relation to an application for leave to appeal; Interpretation of sections 5, 19(2), 33, and 36 of the Court of Appeal Law (Cayman Islands); Applicability of inherent jurisdiction and comparative legal principles from Jamaica and England; Whether a broad constitutional challenge alleging judicial bias can justify exemption from security for costs; Assessment of likelihood of success and public interest in appeals alleging lack of judicial independence; Consideration of impecuniosity and abuse of process in resisting liquidation proceedings. |
| Filename (current) | 3zmqle9o2bmu1de17h05b1b03ccc4701b2d35dc7933b41f56d73.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Court of Appeal Act | 19(2), 33, 33 and 36, 36, 5 | 11 |
| Companies Act | — | 1 |
| Companies Winding Up Rules (subordinate) | — | 1 |
| Grand Court Rules - Vol I - Orders (subordinate) | 23 | 1 |
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