Allen Rowland Dutcher Appellant v John Mackinnon Respondent [ECSC]

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: LEWIS C.J.(Ag.),Acting Chief Justice,E.L. St. Bernard,N.A. Peterkin
• Judgment Date: 10 December 1974
• Judgment citation (vLex): [1974] ECSC J1210-1
• Docket Number: CIVIL APPEAL NO.1 of 1973
• Date: 10 December 1974

[1974] ECSC J1210-1

IN THE COURT OF APPEAL

Before:

The Honourable the Acting Chief Justice

The Honourable Mr. Justice E.L. St. Bernard

The Honourable Mr. Justice N.A. Peterkin

CIVIL APPEAL NO.1 of 1973

Between:

Allen Rowland Dutcher

Appellant

and

John Mackinnon

Respondent

J.C. Kelsick for the appellant.

K.C. Allen for the respondent.

LEWIS C.J.(Ag.)

1 This is an application under Rule 27 of the Court of Appeal Rules for a further extension of time within which to file a record of appeal

2 Applications are frequently made under this rule for orders to be made by a single judge of this court, whereas, if the machinery provided by Rule 28 had been used instead, this would have resulted in a considerable saving in time and would have ensured a more expeditious hearing of the appeal. The court therefore thinks it appropriate to deal with the summons as though it were a motion so that its decision might be given in open court for the benefit of the profession as a whole, and it is hoped that practitioners will in future be guided thereby.

3 Rule 27 provides that in any cause or matter pending before the court a single judge of the court may upon application make an order for the matters therein specified. It is to be noted that a single judge of the court has jurisdiction only where the matter is pending before the court that is to say, where the appeal has been brought by filing a notice of appeal.

4 Rule 28 provides that applications of the type referred to in Rule 27 shall ordinarily be made to a judge of this court "but where this may cause undue inconvenience or delay, a Judge of the Court below may exercise the powers of a single...