Case details

Crick and another (Appellant) v Brown (Respondent) (T & T)

Case ID: JCPC 2017/0050

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue(s)

Did the Court of Appeal comply with Rule 64.13 of the Civil Proceedings Rules 1998 (as amended) when it refused the Appellants’ application for an adjournment of the hearing and dismissed the Appellants' appeal?

Facts

The underlying dispute concerns a plot of land situated in between Mr Brown's land and land occupied by Ms Judy Crick. Mr Brown argued that he acquired the State land and that Ms Judy Crick and Ms Nancy Crick wrongfully commenced occupation of the land in May 2006.

Ms Judy Crick and Ms Nancy Crick disputed Mr Brown's claim. The High Court found in favour of Mr Brown, ordered delivery up of possession of the land to Mr Brown and awarded him damages of $5,000.00 for trespass. Ms Judy Crick and Ms Nancy Crick appealed to the Court of Appeal. The Court of Appeal directed that their written submissions should be filed on or before 29 December 2016 and the hearing was listed for 12 April 2017.

By the time of the hearing, Ms Judy Crick and Ms Nancy Crick had not filed their written submissions and on the day of the hearing, they applied for an adjournment of the hearing to file their written submissions. Mr Brown did not object to their application for an adjournment. The Court of Appeal refused their application for an adjournment and dismissed their appeal on the basis of a proper application of the overriding objectives, finding that there was no proper reason for Ms Judy Crick's and Ms Nancy Crick’s failure to file their written submissions.

Ms Judy Crick and Ms Nancy Crick now appeal to the Judicial Committee of the Privy Council.

Parties

Appellant(s)

Crick and another

Respondent(s)

Brown

Appeal

Justices

Lord Lloyd-Jones, Lord Briggs, Lord Sales, Lord Hamblen, Lord Leggatt.

Hearing start date

19 Oct 2020

Hearing finish date

19 Oct 2020

Watch hearing
19 Oct 2020 Afternoon session