Rogelio Antonio Hawkins (Appellant) v Abarbanel Limited (Respondent) (Cayman Islands)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0043

Jurisdiction

Cayman Islands

Parties

Appellant(s)

Rogelio Antonio Hawkins

Respondent(s)

Abarbanel Limited

Issue

Is an unlicensed business able to enforce a loan contract and charge against the property of a borrower if they default on payment? Was the Court of Appeal entitled to refuse the appellant leave to appeal to the Judicial Committee on the basis that the appeal was devoid of merit and had no prospect of success, where otherwise the appellant would have an appeal as of right?

Facts

In February 2014, Mr Hawkins entered into a loan agreement with Abarbanel Ltd for a principal of sum of US$ 357,000. The loan was secured by charges upon real property owned by Mr Hawkins. The term of the loan was one year and the interest rate was 16% per annum, increasing to 18% if the account fell into arrears. Although it carried on business in the Cayman Islands, Abarbanel was not licensed as required by the Local Companies Control Act or the Trade and Business Licensing Act. Mr Hawkins fell into arrears and in 2018, Abarbanel gave notice of its intention to enforce its security. Mr Hawkins argued that no interest was due to Abarbanel because the loan agreement was illegal as Abarbanel was carrying out business without a licence, and brought a claim seeking the discharge of the remaining charge over his property. The Grand Court found in favour of Abarbanel, holding that the loan agreement was enforceable notwithstanding the fact that Abarbanel was not licensed. The Court of Appeal upheld the decision of the Grand Court. Mr Hawkins sought to appeal the decision of the Court of Appeal as of right to the Judicial Committee of the Privy Council, as it was a final decision in civil proceedings where the dispute concerns an amount greater than £300. However, the Court of Appeal refused to grant leave on the basis that the proposed appeal was devoid of merit and had no prospect of success. Mr Hawkins now appeals to the Judicial Committee of the Privy Council.