TURKS AND CAICOS ISLANDS STAMP DUTY & TITLE REGISTRATION RESTRICTIONS

Attorney General of the Turks and Caicos Islands and another

(Appellants)

-v-

Ross Richardson (as Trustee in the bankruptcy of Yellowstone Club World LLC)

(Respondent)

In a recent case before the Privy Council in London, Ariel Misick O.B.E, Q.C. appeared on behalf of the Respondent in an appeal by the Turks and Caicos Islands Attorney General.

The case was heard before Lord Hope, Lord Kerr, Lord Reed, Lord Carnwath, and Sir John Chadwich.

The TCI Attorney General alleged on behalf of the TCI Government that Emerald Cay Limited had owed the Government unpaid stamp duty and penalties and that this liability was sufficient to create an interest in land capable of protection by registration of a restriction so as to take priority over the Respondent’s interest as an unregistered mortgagee.

Both the TCI Supreme Court and the TCI Court of Appeal held that the stamp duty liability was incapable of protection as an interest in the land and the registration of the restriction was improper. The Attorney General’s Appeal to the Privy Council was dismissed.

[2013] UKPC 9

Privy Council Appeal No. 0047 of 2012

Judgment delivery by Sir John Chadwick on 14th March 2013