Georges JA, Henry JA, Zacca JA
IN THE COURT OF APPEAL OF THE CAYMAN ISLANDS HELD AT GEORGE TOWN, GRAND CAYMAN DIVORCE AND MATRIMONIAL CAUSES CIVIL CAUSE NO. D22 OF 1986 CIVIL APPEAL NO. 9 OF 1986 BETWEEN: GEORGE HUNTER PREEDY APPELLANT/RESPONDENT AND: FRANCES CELIA PREEDY PETITIONER/RESPONDENT BEFORE THE HONOURABLE MR. JUSTICE ZACCA, PRESIDENT THE HONOURABLE MR. JUSTICE TELFORD GEORGES J.A. THE HONOURABLE MR. JUSTICE HENRY J.A. MR. NORMAN HILL Q.C. and MR. PHILIP BONI for the Appellant MR. JEREMY JENKINS for the Respondent UPON THE APPEAL against an Order of the Chief Justice of the Grand Court, Sir John Summerfield given on the 6th day of November 1986 coming on for hearing this 27th day of August 1987 and having heard submissions from Leading Counsel for the Appellant/Husband and Counsel for the Respondent/Wife and having read the Grounds of Appeal filed Pursuant to Section 16 of The Court of Appeal Law (9 of 1975) IT IS HEREBY ORDERED as follows:
That the Appeal of the Appellant/Husband is allowed. The Order of the Chief Justice of the Grand Court dated 6th November 1986 is varied by deleting paragraphs 1, 2, 3 and 4 of the said Order and replaced by the following paragraphs: 1. That the Respondent/Wife's share of the former matrimonial home being Registration Section West Bay, South Block 5B Parcel 19 (hereinafter called the "former matrimonial home") and all land and fixtures appurtenant thereto is assessed at 40 percent of the agreed valuation of the said former matrimonial home which agreed valuation is CI$68,000.00.
(a) That the Respondent/Wife's share of all the furniture, furnishings (including curtains and carpets and pictures), crockery, cutlery and appliances (not being fixtures included in paragraph 1 above) and other household items and garden implements including any items removed from the former matrimonial home by the Respondent/Wife (hereinafter collectively called the "furniture") is assessed at 40 percent of a valuation to be agreed between the parties and in default of such agreement to be determined by the Grand Court. (b) That the Appellant/Husband shall have three months from the date hereof in which to acquire the Respondent/Wife's share in the former matrimonial home and furniture with liberty to apply to the Grand Court.
In the event that the Appellant/Husband is unable to acquire the Respondent/Wife's interest in the former matrimonial home and the furniture as provided in this Order then the former matrimonial home and the furniture shall be sold by public auction after reasonable advertisement but, subject thereto, to be effected with reasonable despatch: save that, with the consent of both parties, any one or more or all such items may be sold by private treaty. Either party to be at liberty to bid for any of the foregoing items at any public auction. AND IT IS FURTHER ORDERED 2. That the Appellant/Husband shall continue to pay into Court the sum of CI$500.00 per month as directed by the Chief Justice of the Grand Court (sitting as a single Judge of the Court of Appeal) dated the 17th day of February, 1987, until: (i) he acquires the interest of the Respondent/Wife in the said former matrimonial home and furniture or (ii) in the event that the Appellant/Husband fails so to do, when the former matrimonial home and furniture are sold by public auction or by private treaty as provided for in paragraph 3 of the Order. 3. That within seven (7) days after the Appellant/Husband acquiring the interest of the Respondent/Wife, or on sale of the former matrimonial home as provided in paragraph 3 of the Order of the Chief Justice the accumulated sum of money as specified in paragraph 3 of the Order and paragraph 2 hereof shall be disbursed by the Clerk of the Grand Court to the Appellant/Husband as to 60 percent and the Respondent/Wife as to 40 percent of that accumulated sum plus accrued interest.
That there shall be no order as to costs. DATED this 27th day of August 1987. Registrar Cayman Islands Court of Appeal FILED by C.S. Gill & Co., Attorneys-at-Law for and on behalf of the Petitioner herein whose address for service is that of her said Attorneys-at-Law, Genesis Building, P.O. Box 945, George Town, Grand Cayman, B.W.I.