Re Boyce and Others

• Jurisdiction: Caribbean States
• Judge: Saunders,Wit,Hayton,Anderson,Rajnauth-Lee,Mr Justice Saunders
• Judgment Date: 15 January 2018
• Neutral Citation: [2018] CCJ 1 AJ
• Docket Number: CCJ Appeal No BZCV2011/002 CCJ Appeal No BZCV2014/005 BZ Civil Appeal No 19 of 2012 CCJ Appeal No BZCV2014/008 BZ Civil Appeal Nos 18 and 19 of 2012
• Court: Caribbean Court of Justice (Appellate Jurisdiction)
• Date: 15 January 2018

[2018] CCJ 1 (AJ)

IN THE CARIBBEAN COURT OF JUSTICE

Appellate Jurisdiction

Before the Honourables

Mr Justice Saunders

Mr Justice Wit

Mr Justice Hayton

Mr Justice Anderson

Mme Justice Rajnauth-Lee

CCJ Appeal No BZCV2011/002

BZ Civil Appeal No 31 of 2010

CCJ Appeal No BZCV2014/005

BZ Civil Appeal No 19 of 2012

CCJ Appeal No BZCV2014/008

BZ Civil Appeal Nos 18 and 19 of 2012

Between

Dean Boyce

Applicant/Respondent

and

And the Attorney General of Belize

1 ^st Respondent/Applicant

The Minister of Public Utilities

2 ^nd Respondent/Applicant

Between

Dean Boyce & Trustees of the BTL Employees Trust Dunkeld International Investment Limited

Applicants/Respondents

and

The Attorney General of Belize the Minister of Public Utilities

Respondents/Applicants

Between

The Attorney General of Belize

The Minister of Public Utilities

Applicants/Respondents

and

Dean Boyce

1 ^st Respondent/Applicant

The Trustees of the BTL Employees Trust

2 ^nd Respondent/Applicant

Civil practice and procedure - Tomlin Order — Whether relief could be obtained by or against an entity not party to the settlement agreement.

REASONS FOR DECISION of The Honourable Justices Saunders, Wit, Hayton, Anderson and Rajnauth-Lee

Delivered by The Honourable Mr Justice Saunders on the 15 th day of January 2018

Ruling

1 Dean Boyce and the Trustees of the BTL Trust have filed this Application seeking declarations that a claim, currently pending in the Supreme Court, and instituted by Sunshine Holdings Limited (“Sunshine”) against the Trust and the Attorney General of Belize (“the Sunshine Claim”) is:

• a) an abuse of process, and

• b) in breach of a Settlement Agreement dated the 11th September 2015 (“the Settlement Agreement” to which Sunshine is not a party), and that

• c) the Trust has no obligation to pay any compensation payable under the Settlement Agreement to Sunshine, and that also

• d) an order should be made by this court directing the Attorney General to procure the discontinuance of the Sunshine Claim.

2 The Application is made under the Tomlin Order that was made in this suit and that provided for the parties to the Settlement Agreement to approach this Court in relation to enforcement of the terms of the said Settlement Agreement.

3 The Sunshine claim has apparently been adjourned to 5 ^th February 2018 to abide the outcome of this Application. Mr Boyce had also applied to Supreme Court judge, Abel J., to strike out the Sunshine Claim. The making of this present application to this Court is therefore, in effect, not dis-similar to the...