LIVE STREAM: Phillip Paulwell V Attorney General of Jamaica


Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgments and efficient court services in an environment where all stakeholders are valued.

The Hon. Mr. Justice David Batts

Stephens, Robert v Port Royal Development Company Limited

Companies Act – Application for permission to bring derivative action – Whether Respondent has a cause of action related to the government’s breach of a Memorandum of Understanding - Whether section 212 notice to directors adequate - Whether shareholders and/or “the secretariat” are valid intended defendants to the intended derivative action - Whether intended claim is in the interest of the company.

Exclusive Holidays of Elegance Limited v ARC Systems Limited

Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.

Cenitech Engineering Solutions Limited v National Contracts Commission, The Integrity Commission (formerly the Contrctor General of Jamaica, The Minister of Agriculture & Fisheries et al

Judicial Review –The Contractor General Act –The Integrity Act - Revocation of grade 1 certification –Absence of Regulations – Whether National Contracts Commission (Validation and Indemnity) Act applies – Whether 1st Respondent liable - Reversal of decision to award contract – Whether natural justice applies – Whether constitutional right to fair hearing - Whether hearing required prior to revocation and/or reversal – Whether decision inevitable and remedy to be refused- Whether 2nd Respondent breached duty of confidentiality - Whether 3rd Respondent liable - Damages - Circumstances in whi

Palmer, Cavelle v Dayes, Mauvelette2

Application by Defendant to prevent attorney at law acting for the Claimant – Attorney at law acted for husband and wife in purchase of property - Husband now deceased - Wife challenging husband’s will which gifts 60% of the property to Claimant – Attorney’s office drafted alleged will - Attorney acting for Claimant in her claim to an interest in the property-Claim relies on husband’s alleged promises and declarations as well as on the alleged will - Whether attorney possessed of confidential information.

Palmer, Cavelle v Dayes, Mauvellette

Contempt of Court – Rule 53.10 - Whether Defendant served with Order bearing penal notice – Whether Defendant was present when injunctive order made - Whether Defendant in breach of order - Costs - Whether court’s displeasure with Defendant’s conduct may be reflected in an order for costs.

Palmer, Cavelle v Dayes, Mauvelette

Application for Interlocutory Injunction – Whether arguable claim with real prospect of success - Whether Claimant entitled to 60 percent share of property – Whether  Will valid - Proprietary and/or equitable estoppel - Whether promise made in deceased’s lifetime can bind estate - Whether damages an adequate remedy - Justice of the case.

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