Former Scotiabank boss William 'Bill' Clarke is to remain in the company house and keep two company cars until his appeal against a Supreme Court ruling has been heard and determined.

Clarke's appeal, which was set for hearing this week, was put off yesterday to June 29.

The Court of Appeal, in granting an adjournment, granted a stay of the Supreme Court ruling.

Supreme Court Judge Horace Marsh had turned down Clarke's application to remain in the house and keep the cars assigned to him until the dispute with the bank over his retirement package has been settled.

Appealing retirement plan

Clarke is also appealing against Justice Marsh's ruling on March 19, that there was no agreement for his retirement package to go to arbitration if it could not be settled. The bank is contending that there was no agreement for arbitration.

When Clarke's appeal came for hearing on Monday, attorneys-at-law Dr Lloyd Barnett and Keith Bishop raised a legal issue, that there was a critical change in Justice Marsh's judgment.

Typographical error

The lawyers pointed out that the handwritten judgment mentioned November 25, 2008, as when certain things took place but, in the typewritten judgment, the date was changed to October 25, 2008. The lawyers argued that, once a judgment was handed down and the final order perfected, a judge could not amend the judgment.

John Vassell, QC, said the error was typographical.

The Court of Appeal, comprising Justices Howard Cooke, Hazel Harris and Mahadev Dukhaan, held that both judgments would be available to the court but, if there were any differences or departures in the judgments, then the handwritten judgment would prevail.

barbara.gayle@gleanerjm.com