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Desulme, Jean-Marie v Richard Downer, Everton McDonald, Frederick Taffe
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. 2004 HCV1445
BETWEEN JEAN-MARIE DESULME PLAINTIFF
AND
AND
AND
RICHARD DOWNER 1ST DEFENDANT
EVERTON MCDONALD 2ND DEFENDANT
FREDERICK TAFFE 3RD DEFENDANT
G. Anthony Levy instructed by G. Anthony Levy & Co. for plaintiff.
Derek Jones & Miss Maliaca Wong instructed by Myers Fletcher and Gordon for
defendants
Heard: December 8th 2004 and January 14th 2005
JONES, J.
[I] The high drama that played out at the entrance to Thermo Plastics (Jamaica) Limited
on March 9, 1998, when the company was placed in receivership was riveting in its
own terms. In a curious act of discourtesy, the newly appointed receiverlmanager
Richard Downer refused permission for the existing Managing Director, Jean Marie
Desulme, to enter ,the premises. When the dust settled, Mr. Desulme was relieved of
his responsibility for the management of the cornpany and as a trustee for the
contributory pension scheme established by the company for the benefit of its
employees.
[2] On or about April 27, 1998, Richard Downer appointed himself, Everton McDonald,
and Frederick Taffe as trustees of the employees' pension fund. The investment