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Judgment

Charles Krause and Ors v Datona Land Co Ltd. and Ors - Reasons for Order

Civ App M3/1998; Civ App 0006/1987 · 1998-07-30

Appeal out of time; No extension of time sought; Procedural default; Leave to appeal refused

Full metadata
Cause Number Civ App M3/1998; Civ App 0006/1987
Court CICA (Civ)
Judge Collett JA, Georges JA, Zacca JA
Parties Charles Krause and Ors v Datona Land Co Ltd. and Ors - Reasons for Order
Judgment Date 1998-07-30
Subject Appeal out of time; No extension of time sought; Procedural default; Leave to appeal refused
Filename (current) 98-07-30_charles_krause__ors_v_datona_land_co-_ltd-__ors.pdf
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In the Court of Appeal of the Cayman Islands — Civil Division
Cause No. Civ App M3/1998; Civ App 0006/1987
Between
Charles Krause and Ors
- v -
Datona Land Co Ltd. and Ors - Reasons for Order
Before
Collett JA, Georges JA, Zacca JA
Judgment delivered 1998-07-30

IN THE COURT OF APPEAL FOR THE CAYMAN ISLANDS
HOLDEN AT GEORGE TOWN, GRAND CAYMAN

CIVIL APPEAL NO. M3 OF 1998
CIVIL APPEAL NO. 6 OF 1987
GRAND COURT CAUSE NO. 68 OF 1987

BETWEEN CHARLES KRAUSE
PAUL COMMARATO
CARLTON ACKROYD RESPONDENTS/PLAINTIFFS
AND THE DAYTONA LAND CO. LTD. RESPONDENT/SECOND PLAINTIFF
AND EDMUND C. (JACK) BODDEN DEFENDANT
AND MARY B. TKACH-BODDEN APPELLANT/SECOND DEFENDANT

Before: The Rt. Hon. The President Mr. Justice Edward Zacca P.C., O.J.
The Rt. Hon. Mr. Justice Telford Georges P.C., J.A.
The Hon. Mr. Justice Gerald Collett J.A.

REASONS FOR ORDER

On April 20 1998. The court refused an application brought by Mary B. Tkach Bodden for leave to appeal to Her Majesty in Council from a judgment of this court given on November 27, 1997.

It is necessary to set out a brief summary of the reasons for the dismissal of the appeal on November 27, 1997. This was an appeal against the Order of Douglas J. made on September 17, 1987. Mr. Forde for the appellant informed the court that the Notice and Grounds of Appeal on which he relied were filed on October 9 1997.

However in the course of the hearing, Mr. Forde stated that the records of the court also included a Notice of Appeal dated November 19, 1993. This document did not form part of the appeal bundle. The court agreed that the notice filed in 1993 would be taken as the date of the filing of the Notice of Appeal.
The reasons for the orders of Douglas J. were given on September 17 1988. The court records show that a letter dated March 7, 1988 was sent to the appellant informing her that the reasons for the order had been given and was on file in the Courts Office.

The filing of the Notice of Appeal and Grounds of Appeal filed on November 19, 1993 were hopelessly out of time. Mr. Forde conceded this and stated that there was no application before the Court for an extension of time for the filing of the Notice and Grounds of Appeal.

There was therefore no appeal before the court on November 27, 1997.

For these reasons, the application was refused on April 20, 1998.

The 30th day of July 1998.

ZACCA, P

GEORGES, J.A.

COLLETT, J.A.

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