Daric Donan Ebanks v Cayman Cultural Foundation
| Jurisdiction | Cayman Islands |
| Judge | Mr. Justice Charles Quin |
| Judgment Date | 12 February 2014 |
| Court | Grand Court (Cayman Islands) |
| Docket Number | Cause No: G154/2001 |
(Suing by his guardians ad litem Wendy L. Watler and Paulette S. Anglin-Lewis)
The Honourable Mr. Justice Charles Quin
Cause No: G154/2001
IN THE GRAND COURT OF THE CAYMAN ISLANDS
CIVIL DIVISION
Mr. James Kennedy of Samson & McGrath for the Plaintiff
In attendance: The Plaintiff, his father and the Interim Receivers/Guardians Ad Litem
Mr. Hector Robinson and Ms. Alexandra Bethell of Mourant Ozannes for the Defendants
The Plaintiff issued a Summons on the 17 th December 2013 seeking a further interim payment in the sum of CI$200,000.00 or such sum as it seems appropriate pursuant to GCR O.29 r.10. The Plaintiffs Summons is grounded by the Fourth Affidavit of Paulette Anglin-Lewis (“Mrs. Anglin Lewis”) dated the 6 th December 2013, and the Exhibits therein attached.
The Defendants strenuously oppose the application and the position of the Defendants is set out in the Second Affidavit of Derrymore Lyon (“Mr. Lyon”) dated the 7 th February 2014.
I refer to my Judgments dated the 18 th May 2011 and 29 th January 2013 which set out the background to this matter.
On the 10 th July 2007 the Plaintiff obtained Judgment against the Defendants for damages to be assessed. Also, on that date, the late Pastor Al Ebanks was appointed as Interim Receiver of the interim payment of CI$250,000.00.
Owing to the sad and untimely deaths of the first Interim Receiver, Pastor Al Ebanks, and the Plaintiff's former attorney, Mr. Lee Freeman of Priestleys, and other unfortunate circumstances this matter has been the subject of delay, increased costs, and, several changes in attorneys representing the Plaintiff and the Defendants.
The Court records its gratitude to the incumbent Interim Receivers — Ms. Watler and Mrs. Anglin-Lewis — who have willingly agreed to act as guardians ad litem for the Plaintiff and as Interim Receivers of the funds distributed by the Defendant pursuant to the Orders of this Court.
In Mrs. Anglin-Lewis' Fourth Affidavit she refers to the history of the Interim Payment applications contained in her Third Affidavit dated the 18 th January 2013 and to Mr. Donovan Ebanks' Affidavit dated the 19 th November 2013.
In her Fourth Affidavit Mrs. Anglin-Lewis sets out the history of the previous interim awards in this action.
| Award # | Date | Judge | CI$ Award | Total |
| #1 | 26 th April 2002 | Kellock J. | $95,000.00 | |
| #2 | 10 th July 2007 | Chief Justice | $250,000.00 | |
| #3 | 6 th November 2008 | Quin J. | $250,000.00 | |
| #4 | 11 th December 2009 | Quin J. | $300,000.00 | |
| #5 | 18 th May 2011 | Quin J. | $302,362.00 | |
| #6 | 26 th March 2013 | Quin J. | $82,380.00 | |
| #7 | 21 st November 2013 | Quin J. | $4,000.00 | |
| $1,283,742.00 |
Mrs. Anglin-Lewis deposes to the fact that she and her Co-Interim Receiver, Mrs. Watler, have made the payments to the Plaintiff in accordance with my Order dated the 26 th March 2013. However, Mrs. Anglin-Lewis says the Plaintiff is not working and the fund is almost exhausted. Mrs. Anglin Lewis avers that the Plaintiff needs funds to support himself until the conclusion of this case.
Mrs. Anglin-Lewis further avers that the Plaintiff needs the interim payment to cover his ongoing living expenses and to meet a significant number of outstanding invoices from his attorneys. Accordingly, the Plaintiff's Scott Schedule of Damages dated January 2013 has now been revised. There is a helpful Appendix to the Defendants' Skeleton Arguments which sets out, in column form, the Plaintiff's initial Schedule of Damages, his Revised Schedule of Damages and the Defendants' assessment of the Schedule of Damages.
The heads of claim in the Plaintiffs Scott Schedule, with one notable exception, have not changed. However, the total sum claimed in the Revised Schedule is almost CI$1,500,000.00 more than the Schedule in January 2013. In particular, the Plaintiffs claim for future loss of earnings and for future gratuitous and professional care and assistance, have both almost doubled. The...
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