ST GEORGE ‘S,
Cayman Net Ltd was named in a writ issued in
The assertion that Mitchell is or was a US citizen first surfaced last year in pleadings filed in a New York court by victims of convicted fraudster Eric Restheiner seeking to recover the sum of US$1 million in cash allegedly paid to Mitchell by Restheiner.
According to Noel, the writ filed by Mitchell was another example of a frequently used ploy in
In September last year, the Cabinet’s so-called Special Legal Advisor, Hugh Wildman entered judgment for Mitchell in default, he claimed, of a defense being filed. However, from 1 August to 15 September every year the court is on long vacation and the time for filing any document or pleading in a case is on hold. In other words, the time for filing a defense in the matter began to run from 16 September.
Nevertheless, the court’s Registrar inadvertently signed the default judgment, but when the attorneys acting for Noel and Cayman Net discovered this they immediately advised the Registrar that it was irregular and had to be revoked.
The Registrar accordingly revoked the order for judgment in default and went before a High Court Master to get it confirmed.
Wildman then appealed to the Court of Appeal, on Mitchell’s behalf, against the Master’s ruling.
After reading the affidavits and skeletal arguments, Justice of Appeal Denys Barrow SC dismissed Mitchell’s appeal with costs, without apparently needing to hear oral submissions on the issues.
A defense in matter was, in fact, filed on 17 September 2007, but to date no answer has been filed by Mitchell. In addition, the attorneys acting for Noel and Cayman Net have raised another point that
In relation to the citizenship issue itself, Mitchell has denied that he is currently a