Court dismisses appeal by lawyers in cooperative society liquidator documentation case

The Court of Appeal today dismissed an appeal brought by King's Counsel Denise Kitson and attorney-at-law Herbert Grant against a Parish Court ruling that they hand over documents to a liquidator or be committed to prison.

When contacted, attorney-at-law Rita Allen-Brown, who is representing liquidator Roger Phinn, said shortly after the ruling today she received an e-mail from the appellants to collect the documents by 4:30 pm.

However, she said she will not be able to do so before tomorrow.

“We are satisfied with the outcome,” Allen-Brown said.

The case has been remitted to the parish court for the judge to carry out her orders as if the appeal was not made, the appellate court ruled.

Justice Marva McDonald Bishop, Justice Jennifer Straw and Justice Vivienne Harris heard the appeal.

Attorney-at-law Kevin Williams, one of the attorneys who represented the appellants, explained that there is provision in the Judicature Appellate Jurisdiction Act since the appeal was dismissed for the court to remit the matter to the parish court for the judge to complete the proceedings if necessary.

On July 13, 2022, Parish Court Judge Alicia McIntosh ordered the two lawyers to turn over the files within 14 days or be committed to prison.

The case was heard in the civil division of the Kingston and St Andrew Parish Court.

Phinn, the liquidator for Mount Royal Cooperative Society at 5 Holborn Road, Kingston 5, through his attorney Allen-Brown, had applied for an attachment order after the law firm Grant Stewart Phillips & Co failed to comply with his order to hand over approximately 100 certificates of titles and sales agreements.

Kitson is the managing partner of the law firm which handled legal affairs for Mount Royal for many years.

A Court of Appeal judge had granted a stay of the parish judge's order until the appeal was heard.

Kitson is the chairperson of the General Legal Council, the body that regulates the legal profession in Jamaica.

In a statement, Grant Stewart Phillips & Co said it will promptly abide by the ruling of the Court of Appeal.

“As we await receipt of the reasons for the decision of the court, the firm has not had an opportunity to review (or consider appropriate action resulting from) same. This notwithstanding, as officers of the court, we remain duty-bound to comply with the orders made by the Court of Appeal, pending further steps in this process.”

- Barbara Gayle 

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