Inspector Max Marshalleck v The Inspectors' Branch Board Of The Jamaica Police Federation & Superintendent K.A. Wade

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 1499 OF 2004

BETWEEN INSPECTOR MAX MARSHALLECK Claimant

AND THE INSPECTORS' BRANCH

BOARD OF THE POLICE

FEDERATION

AND SUPERINTENDENT

K. A. WADE

First Defendant

Second Defendant

IN CHAMBERS

(2 Mr. Seymour Stewart for the claimants

Mrs. Taylor-Wright and Mrs. Kayann Balli for the first defendant

July 2,7 and 9,2004

APPLICATION TO STRIKE OUT CLAIM

Judicial review or ordinary action that is the question

The last seven days have been momentous ones in the life of the Police Federation. On June

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t ,' 30, 2004 Inspector Marshalleck, on behalf of himself and a number of other inspectors of

the Jamaica Constabulary Force, launched an action by fixed date claim form in which they

alleged that Superintendent Wade was negligent and consequently the court should grant the

following relief:

a) a declaration that the election of a number of inspectors to form the Inspectors'

Branch Board (IBB) was null and void;

b) an order that new elections should be held;

c) the replacement of Superintendent Wade;

d) such further or other relief as the Court h k s fit

e) damages; and