BVI News

Court ruling | Foxy files complaint against wife and daughter

Philicianno ‘Foxy’ Callwood

Acting Commercial Court Judge Adrian Jack has ruled that there was no need for well-known businessman Philiciano ‘Foxy’ Callwood to apply to the court for ‘relief’ in his lawsuit against his wife Teresa and daughter Justine.

According to Justice Jack’s ruling, which was posted on the Eastern Caribbean Supreme Court’s website, Foxy had two primary complaints.

“The first is that he has been excluded from the management of the three companies (Foxy’s Tamarind Bar Ltd, Foxy Retail and Jost Van Dyke Island Produce Ltd) and that monies have gone missing,” the court document stated.

Foxy had filed the complaint last month.

Ruling on the matter, Justice Jack said: “There is, in my judgment, no need for Foxy to have sought relief, particularly the draconian relief sought, ex parte. For all these reasons, I adjourned consideration of the relief sought.”

The other complaint 

The second complaint from Foxy is that his wife and daughter have underwent building works on a portion of his land on Jost Van Dyke without his consent.

“On January 8, 2020, the Planning Authority of the Government of the Virgin Islands issued a compliance notice on Foxy in respect of the works. The nature of the works erected is not entirely clear from the evidence put before me. Three very poor quality photographs attached to the compliance notice suggest the works may comprise a small beach bar. The notice requires that the works be removed ‘forthwith’. Foxy is given 28 days to appeal against the notice. He wants the defendants to remove the structure,” the judgement read.

Justice Jack said an application would only be considered ex parte for some good reason.

Effectively, an ex parte application is a judicial proceeding conducted for the benefit of only one party.

“In the current case, the risk identified is that Teresa and Justine may dissipate the assets of the three companies if they are notified of the application. The evidence of risk of dissipation is in my judgment sparse. Foxy in his evidence, raises issues about the payment of excessive sums by way of holiday pay, but these go back as far as 2015. That hardly shows any urgency,” the judgement read.

Justice Jack further said: “The appointment of a receiver is more intrusive, more expensive, and less reversible that the grant of an injunction … [T]he appointment of a receiver is usually more draconian than issuing a freezing order because of the expenses and inconvenience which often arise with the appointment.” 

 The Commercial Court Judge added that applying for the ex parte to remove the small beach bar was ‘misconceived’.

He explained: “There is jurisdiction to make a mandatory order on an interlocutory basis, but it would require a very strong case to make such an order without hearing the defence. This is not such an extreme case. Further, it is unclear why Foxy needs such an order. It is his land. He can, at least in principle, knock buildings down on it. He could then recover the cost of demolition as damages. An injunction will generally be refused if damages would be an adequate remedy.”

Hole in evidence

The judge further said, there is a ‘substantial hole in Foxy’s evidence’.

He stated: “On an ex parte application there is a duty of full and frank disclosure. Nowhere does Foxy explain anything about his matrimonial relations with his wife. I assume that they are not good since otherwise, it is unlikely that he would be suing her. However, they clearly get along sufficiently for her to be (as she has always done during the marriage) running the commercial side of Foxy’s businesses. An injunction (or the appointment of receivers) is a discretionary matter. The court needs to know the background in order properly to exercise its discretion.” 

 Justice Jack noted that a husband and wife are considered ‘one person’.

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40 Comments

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  1. Anonymous says:

    When this all over, this man will be left with nothing, but heart aches, griefs and disappointment.

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    • Who on earth is advising Foxy says:

      Sounds like whoever is advising Foxy went to Court with half a case, no reason to not tell Mrs Foxy, and no proper evidence. There are a couple of firms that come to mind.

      • Lawyers says:

        If you life and livelihood is dependent on the hiring of a competent attorney in the BVI you might as well save your money and just resign yourself to the loss. The attorneys will bankrupt you with their outrageous $800-$1000 an hour fees and the biggest issue is that they know very little. They will spend your money to try and educate themselves. The only saving grace is that the attorney on the opposing side is just as stupid.

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      • LCS says:

        Agree. How unprepared, costing Toxy time and money. This firm comes across as unprofessional. Foxy should find other representatition and don’t pay for I’ll advise.

  2. Stainlessbloke says:

    Don’t do it Foxy! Dooont do it.

  3. Question says:

    If a husband and wife are considered ‘one person’, how can someone rape themselves?

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  4. Oh Mr. Foxy says:

    My heart goes out to you and It is so sad that it had to come to this. No one should have to take on this type of stress in their golden years. I will say, I believe blood is thicker than water is a myth and I also believe you may be born into a family but, everyone that is born into a family is not your true family.

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  5. Who is advising Foxy! says:

    He appears to be paying unnecessary legal fees for poor advice.

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  6. No nonsense says:

    Reminds me of the Bomba Shack saga! The elevator doesn’t go all the way up

  7. Anonymous says:

    Swim where sharks live, you get eaten by them.

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    • But says:

      Him and the wife was all snuggle up not to long ago professing their love for each other. Sad but, when this is all said and done, he is going to be left out in the cold with nothing. My grandmother said people don’t get married for love, they get married for security.

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  8. 2 pence says:

    Is that what happens when there was no TRUE love in the first place? Fleshly people get involved with others, who usually have a different mind, for material gain. Yes, material gain whether in the form of money or sex. Those of us not driven by such desires, will be S*****D right over.

    If you are NOT already in such relationships do not go there. Look well into these people that claim they love you. If you are already there, seek the Almighty for wisdom and protection. Only he can deliver you. For the works of the flesh are from the Devil.

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  9. Wise up says:

    When the white man was showing foxy all that’s going on EVERY ONE VEX not see what the poor man have to go thru,family business is a curse trust me leave the man to run he business how he pleases even if it’s old fashion cause that what the tourist likes

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  10. Hansen McRocks says:

    From the inception of the foxy brand – a local individual most likely without a formal/advanced education – with a little island shack stacked with potential. Enter a foreigner with a little more business exposure and probably experience, what do you have? The making of xploitation 101….
    Doesn’t foxy have blood family that can stand with him now in this realization that can assist/guide him? What about all the so-called “friends” that have enjoyed the foxy brand over the years? I pray someone knowledgable in these legal matters would come to his rescue – PLEASE, haven’t the local less educated suffered and lost enough??????

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    • Family man says:

      Eate your heart out david. Hahahahahaha

    • Island Time says:

      @henson. Stand down. This isn’t a domestic dispute. There also isn’t a hint of foreign intervention. Foxy and his wife are the reason why many people come here. Let’s help them resolve this simple dispute.

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    • @ Hansen McRocks says:

      You should follow your heart and go and see if and how you can assist him and his family. The ones who are not exploiting him.

      Many thinks he needs serious help. He is been taken for everything he has, and it is believed such was the plan from the moment eyes were laid on him, his property and its potential.

      He needs authentic help.

      • Hansen McRocks says:

        Hello friend:
        Without a legal education I would not be in a position to assist not to mention that I’m also a foreigner.

      • Hazel Roberts says:

        The whites has been sucking black resource for 400 years that leave us empty handed, and if we get anything after been dispossessed for so long they will come take Lt. Foxy is one of the symbol of empowerment in the bvi to be destroyed by a white who came to show him pretty mirror.

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  11. So Sad says:

    The family has been taking advantage of Foxy for so many years it is disgusting and disgraceful.Cant someone help ???

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  12. Judge Jack says:

    Judge Jack has no clue as to what has and is happening at Foxys. If he truly cared about justice he would order a forensic accountant to look at the books and see just what has been happening for all these years. I am an accountant in Texas and would be willing to do it for free just to see justice served on those horrible so called family members.

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    • Esteemed says:

      I suspect that if an application was made properly, by a competent lawyer, then Justice Jack would be prepared to consider a forensic accountant looking at the books. But the application was made without informing Tessa or Justine – for no good reason other than to try and stop them from defending themselves. Unfortunately, the law firm has a reputation for that sort of conduct and the sensible Judge rightly said no.

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    • Bangow says:

      Hardly an unbiased start to your forensic accounting pitch.

    • LCS says:

      Hey, that sounds great! An outsider would see the problems, if any. Pls help him! It’s obvious that he needs it.

  13. Disinterested says:

    A family airing its dirty laundry in public. Has this family relationship broken beyond the point of no return? It is painful to watch from the outside. More and more this is looking like a dysfunctional situation. Is there a trusted third party that can help this family to heal its sound? Foxy’s, a world renowned brand is shattering in public before the world.

  14. Resident says:

    I’m at a loss! I have known this family for years and I don’t believe Tessa and the family who have jointly build up this empire will ever do anything under the table. Plus his other sons are on Tessa’s side. If they were not then I would believe something is amiss.

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  15. US Tourist says:

    Foxy’s is the busiest spot in the BVI’s. Always people there eating and drinking. I think someone is stealing the money. Not sure who.

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  16. Behind the scene says:

    Please stand down on the taking advantage story. No one is and was taking advantage of foxy until Mr David showed up and try claim the wealth of what the wife/children and outside children by their contribution of years of Labour and no pay. All of a sudden someone that had so many hidden skeletons and rotten pasts becomes a savior to show foxy he’s being taken advantage of then at the same time was willing to be the adopted son kmt

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  17. Hazel Roberts says:

    The whites has been sucking black resource for 400 years that leave us empty handed, and if we get anything after been dispossessed for so long they will come take Lt. Foxy is one of the symbol of empowerment in the bvi to be destroyed by a white who came to show him pretty mirror.

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  18. Rubber Duck says:

    Is Foxy ok? I am not sure he is. Time is cruel.

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