ACTING Chief Justice Mr. Ian Chang, S.C, yesterday, granted a Nisi Order of Certiorari calling on the Registrar of the Supreme Court to show cause why his decision not to provide Norman and Lynette Mc Lean with a copy of Court Order (re: final Adoption Order) should not be quashed.
Hearing of the matter is fixed for September 12, 2013 before the acting Chief Justice.
On June 17, 2004, applicants Norman and Lynette Mc Lean moved to the High Court seeking an Order that would allow them to legally adopt the minor child Arianne Anastacia Vidya Mc Call under the provisions of the Adoption of Children Act, as amended by the Adoption of Children (Amendment) Act, Cap. 46:01.
By an Order made on June 18, 2004, the Honourable Chief Justice, Mr. Carl Singh, (in Chambers) appointed the Adoption Board as Guardian Ad Litem of the minor child Arianne Anastacia Vidya Mc Call.
On December 9, 2004, Hon. Chief Justice Mr. Carl Singh (in Chambers) granted the final Adoption order in favour of the applicants in respect of the said minor child.
The applicants duly presented to the Registrar of the Supreme Court a copy of the said Order of Court, to be settled, signed, sealed, filed and entered, which was done on or about December 14, 2004.
Despite numerous requests and demands by the applicants to the Registrar of the Supreme Court for a sealed and certified copy of the said final Adoption Order, the Registrar of the Supreme Court has failed and/or refused to do so.
The applicants are contending that the Registrar’s refusal to produce and deliver to them a sealed and certified copy of the said Order of Court is unfair, unlawful, unreasonable, irrational, arbitrary, capricious, and ultra vires.
After hearing arguments in Chambers, Acting Chief Justice Mr. Ian Chang, S.C. firstly ordered that a Rule Nisi of Certiorari be directed to the Registrar of the Supreme Court, to show cause why an order or Rule Nisi of Certiorari should not be issued to bring up to the Honourable Court and quash the decision of the Registrar of the Supreme Court not to provide the applicants with a sealed and certified copy of the Order of Court made by the Hon. Chief Justice Carl Singh (in Chambers) on December 9, 2004 and entered on December 14, 2004.
Secondly, the Acting Chief Justice granted an Order or Rule Nisi of Mandamus directed to the Registrar of the Supreme Court to deliver to the applicants a sealed and certified copy of the Order made by the Hon. Chief Justice on December 9, 2004 and entered on December 14, 2004 in the High Court, granting to the applicants a final Adoption Order in respect of the minor child Arianne Anastacia Vidya Mc Call.
The Originating Motion was issued by Mr. Rex H. Mc Kay, S. C., Mr. Neil A. Boston and Mrs. Bettina Glasford, attorneys-at-law for the applicants.