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Judgment · jid 4866 · pdb #2244

Andreas Haug v Acting Coroner

G 0003/2014 · 2014-09-11

Judicial Review (Coroner’s Inquest); Disclosure compliance; Variation of prior order; Fishing expedition concerns; Timetable for affidavits and skeleton arguments; Costs to abide result

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In the Grand Court of the Cayman Islands — Civil Division
Cause No. G 0003/2014
Between
Andreas Haug
- v -
Acting Coroner
Before
Panton J
Judgment delivered 2014-09-11

<doc> 1 IN THE GRAND COURT
2 HOLDEN AT GEORGE
3
4
5
6 BETWEEN:
7
8
AND:
9
10
11
OF THE CAYMAN ISLANDS TOWN, GRAND CAYMAN
Case
ANDREAS HAUG
THE ACTING CORONER OF THE CAYMAN ISLANDS
Use No. G3 OF 2014
APPLICANT
RESPONDENT
14 In Chambers on 4 an
15
16 Before the Honour of
17
18
APPEARANCES:
19
20
21
22
23
24
25
26 1. I think it is a 27 relationship to
28 to actively pay
29 questions of
30 said 11 September 2014
the Justice Seymour Panton
Mr. Richard Lissack QC (by Video link) instructed by David Tonner of Samson McGrath for the Applicant
Mr. lan Paget Brown QC, Ms Jennifer Catran and Ms Resh by the Attorney General for the Respondent
RULING
appropriate to deal with Mr. Godenzi's application first. It was perfectly in order for the Cotiticpate in the proceedings before her, that is, to give her witness as
McGrath and Ben
na Sharma, instructed
to consider his
toner to permit him
evidence and to ask
30
31 2. The applicant
32 the basis that
33 extenso in the
34 time.
35
36 3. It is sufficient
37 respondent in
38 battery of att
39
Ruling -Andreas Haug -v The
for judicial review is now seeking an order to quash the Coroner committed errors of law. The alleged amended notice of originating motion and need not
I think, to say that these are matters between the the judicial review proceedings. Both sides are attorneys. I do not see how Mr. Godenzi can help further
acting Coroner of the Cayman Islands - G3 of 2014 (Justice Panton)
the jury's verdict on
errors are set out in
be repeated at this
the applicant and the
y represented by a
Page 1 of 3 </doc>

<doc> 1 4. I understand
2 relationship
3 participation
4 process will
5 application
6
7 5. Turning now
8 in the draft
9 have been
10 that have been
and sympathize with his interest in the result of the, with the deceased is not of sufficient moment in an activity initiated by the applicant, Haug. This have no discernible legal impact on Mr. Godenzi. In its refused.
to be matters raised by the applicant in seeking the oral material before me. I have also considered the oral submission cited. I am most grateful for the assistance received.
judicial review but his
1 to warrant active
result of the review
he circumstances, his
various orders set out
and submissions that
sions and authorities
ed from counsel who
11 have clearly
12
13
14 Disclosure
15
16 6. It is my view
17 The answers
18 matter have
19 ordering any
20 Coroner, of it
21
22 7. To be frank,
23 search of the
24 being commi
25 fishing expen-
26 unable to give put in much work in their presentations.
that the disclosure order made by Henderson J has, and statements of the respondent Coroner in her set convinced me that there has been full compliance, search, or further search, of any e-mail address or co/s Cecile Collins, or anyone else. And this applies to de
and with the greatest of respect to all, I think it is out of my manners given the fact that there is no evidence to the jury. The application in this regardition and an unwarranted intrusion with expensive judicial solicitation to such an effort. Accordingly, the a
been complied with,
1 see no reason for
I see no reason for
tent whether of the
tent, whether of the
leted e-mails.
agours to request a
deter of any e-mail
is tantamount to a
consequences, I am
obligation refused.
27
28 Variation on
29 8. I see no re-
30 jurisdiction.
31 I do not think
32 application is
33
34 9. I do not agree
35 fact she admits
Ruling -Andreos Haug v. The
order of Henderson J, a
son to go behind the order of Henderson J, a just there is no new relevant material unearthed since his at the learned judge himself would find any need to also refused.
with the proposal that the respondent should set out or denies.
Acting Coroner of the Cayman Islands - G3 of 2014 (Justice Panton)
1 6. I see no reason for
28 Variation on
29 8. I see no re-
30 jurisdiction.
31 I do not think
32 application is
33
34 9. I do not agree
35 fact she admits
Ruling -Andreos Haug v. The
order of Henderson J, a
son to go behind the order of Henderson J, a just there is no new relevant material unearthed since his at the learned judge himself would find any need to also refused.
with the proposal that the respondent should set out or denies.
Acting Coroner of the Cayman Islands - G3 of 2014 (Justice Panton)
Page 2 of 3 </doc>

<doc> 1 The proper 2 notes of the
challenge.
3
4
5 The Coroner 6 by her. In te-
7
8 (i) The a
procedure, in my view, is for the applicant to file in the proceedings that he must have made, for him
is to file the transcript of her notes of the entire pro-
mises of a timetable, I order as follows:
oplicant is to file and serve his affidavit with his notes member 2014;
respondent is to file and serve the transcript of the pro-
ffidavit form the full
o be launching this
ceedings as recorded
of the proceedings by
ceedings as recorded
11 by her.
12 (ii) The a
13 October
14 (iv) The re-
15 Nove-
16 (v) The a
17 (vi) Heart
18
19 10.The parties are
20 filing any doc-
21
22 11.The parties are
23 cannot be for-
24
25 12.In respect of
26 application so by 16 October 2014 (if not yet done):
applicant is to file and serve skeleton arguments after 2014;
respondent is to file and serve skeleton arguments after 2014;
applicant to file and serve argument in reply by 28 November to commence on 8 December 2014.
He at liberty to agree variations in the timetable so long as no later than 28 November 2014.
He also at liberty to agree a hearing bundle, so far as he feels it is in the court, but it would be sensible if the parties
the suggested video link, I make no order. It should be heard in the normal way unless the Judge
and authorities by 30
of authorities by 14
member 2014; and
as the final date for
possible. Agreement
will not agree such.
ms to me that the
housing the motto-
27 wishes to ma-
28
29 13.Costs associated
30
31 Dated 11th September
32
33
34
35 The Hon Justice Seymour
36 JUDGE OF THE GRAND
Ruling -Andreas Haug -The
case an order for video link.
red with these proceedings are to abide the result.
ar 2014
your Panton
D COURT (Actg)
Acting Coroner of the Cayman Islands - G3 of 2014 (Justice Panton)
Order No. 1/2014
Page 3 of 3 </doc>

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