MZ Holdings Ltd v Cool Petroleum Ltd

Case Number: 
2013 HCV 06917
Neutral Citation: 
[2014] JMSC Civ. 164
Date of Delivery: 
31.07.2014

NOTES OF ORAL JUDGMENT [2014] JMSC Civ. 164
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA IN THE CIVIL DIVISION CLAIM NO. 2013 HCV 06917
BETWEEN MZ HOLDINGS LIMITED CLAIMANT AND COOL PETROLEUM LIMITED DEFENDANT (Later known as THE ANTILLES GROUP LIMITED Now known as RUBIS ENERGY JAMAICA LIMITED) Ms. Maliaca Wong and Ms. Shani Nembhard instructed by Myers, Fletcher & Gordon for the claimant Kevil Powell and Ms. Shanique Scott instructed by Hylton Powell for the defendant Heard: July 28 & 31, 2014 Application for stay of proceedings – arbitration proceedings –claimant a non-party to arbitration proceedings – principles applicable – case management powers to order a stay – CPR 26.1 IN CHAMBERS E. BROWN, J [1] On the 28th July, 2014 I heard submissions, further to written submissions, on the Notice of Application to Stay Proceedings filed on the 30th April, 2014. Having considered the submissions, on the 31st July, 2014 I delivered an oral judgment and made the following order: “Proceedings are stayed until the 31st December, 2014 upon the undertaking of BE TAG Holdings Ltd that it will not take any action to enforce the assignment between itself and the Antilles Group against MZ Holdings until the determination of the Florida proceedings. If the decision

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