Somers & Collier

Somers & Collier was a legal case that involved an appeal against orders made by Judge Sexton on 30 June 2016. The court was tasked with deciding whether the appellant should be granted leave to rely on the Further Amended Notice of Appeal, and if the appeal against the orders made by Judge Sexton was to be dismissed. Additionally, the court had to determine the costs associated with the appeal. The case was brought before the court with an affidavit filed on 15 June 2017, which contained the Further Amended Notice of Appeal.

The primary legal issue the court faced was whether the appellant should be permitted to rely on the Further Amended Notice of Appeal, which was not part of the original Notice of Appeal. The court also had to consider whether the appeal against the orders made by Judge Sexton should be dismissed and, if so, what the financial implications of such a dismissal would be for the parties involved. The court had to carefully examine the procedural aspects of the case and ensure that the appellant's rights were respected while also adhering to the rules of court.

The court concluded that the appellant should be granted leave to rely on the Further Amended Notice of Appeal. However, the appeal against the orders made by Judge Sexton was dismissed. The court found that the appellant had not demonstrated any grounds that warranted the overturning of Judge Sexton's orders. Additionally, the court ruled that the appellant must pay the respondent's costs of and incidental to the appeal. These costs were to be agreed upon or assessed and paid within 28 days of the agreement or assessment.

The final orders of the court included granting the appellant leave to rely on the Further Amended Notice of Appeal, dismissing the appeal against the orders of Judge Sexton, and directing the appellant to pay the respondent's costs of the appeal. The form of the order was subject to entry in the court's records.