Application to strike out notice of appeal on basis that leave to appeal not first sought - Leave to appeal - Whether required - Application test - Section 30(4) of the West Indies Associated States Supreme Court (Virgin Islands) Act - Whether order being appealed interlocutory or final - Enforcement of arbitral award, ICC Arbitration.
The appellant, Cukurova Holding A.S. ("Cukurova"), filed a notice of appeal against a judgment of the learned judge in which he refused to set aside an order which, inter alia, granted the respondent, Sonera Holding B.V. ("Sonera"), permission to enforce an ICC arbitration award made by an arbitration tribunal sitting in Geneva. Cukurova did not apply for leave to appeal before filing the notice of appeal. Sonera subsequently applied to the Court for orders that the appellant's notice of appeal be struck out on the basis that the judgment which the appellant sought to challenge was an interlocutory judgment which required leave to appeal by virtue of section 30(4) of the West Indies Associated States Supreme Court (Virgin Islands) Act, and leave of the Court was not sought by the appellant prior to filing the notice of appeal. Cukurova opposed the application to strike out the appeal, contending that the judgment being appealed was a final judgment which did not require leave.