Smith, Louis v Director of Public Prosecutions and Parish Court Judge for the Parish of Saint James Sandra Wong-Small

Case Number: 
SU2019CV03757
Neutral Citation: 
[2021] JMFC Full 3
Date of Delivery: 
02.06.2021

Judicial review – Application for leave to apply for judicial review – The threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Applicant charged with offences under repealed statute – Whether the charges laid against the applicant are null and void and of no effect – Whether the Full Court is the proper forum having regard to all the circumstances of the case – Whether there is an alternative remedy available to the applicant – The Money Laundering Act, section 3(1)(c), The Interpretation Act, section 25(2), The Proceeds of Crime Act, sections 2 and 139, The Civil Procedure Rules, 2002, rules 56.3(1), 56.5(1), 56.6
Costs – Whether a cost order should properly be made in the circumstances –The appropriate cost order to be made in the circumstances – Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a), (b), (d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

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