Osaka Auto Parts v The Attorney General etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM HCV 0946 OF 2003

BETWEEN OSAKA AUTO PARTS CLAIMANT

AND THEATTORNEYGENERAL 1'' DEFENDANT

AND THE COLLECTOR OF CUSTOMS 2nd DEFENDANT

Malcolm Arthurs and Miss Anna Gracie instructed by Rattray Patterson Rattray for the

Claimant.

Curtis Cochrane and Miss Janice Neathly instructed by the Director of State Proceedings

for the 1" and 2nd Defendants.

Heard 18'" lgth and 28" April, 2005

M. McINTOSH, J:

Osaka Auto Parts Ltd, a limited liability company under the laws of Jamaica, seeks a

judicial review pursuant to Part 56 of the Supreme Court of Judicature Civil Procedure

Rules 2002.

The Claimant's claim is for declarations and orders for mandamus and prohibition in

relation to the importation of two containers into the island at the Kingston Wharves. The

containers, it is claimed, contain -baious motor vehicle parts for assembly by the

Claimant who is licensed by the Ministry of Industry Commerce and Technology to

assemble motor vehicles from spare parts and knock down kits from Japan. The said

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JAMAICA -

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM HCV 0946 OF 2003

BETWEEN OSAKA AUTO PARTS CLAIMANT

AND THEATTORNEYGENERAL 1'' DEFENDANT

AND THE COLLECTOR OF CUSTOMS 2nd DEFENDANT

Malcolm Arthurs and Miss Anna Gracie instructed by Rattray Patterson Rattray for the

Claimant.

Curtis Cochrane and Miss Janice Neathly instructed by the Director of State Proceedings

for the 1" and 2nd Defendants.

Heard 18'" lgth and 28" April, 2005

M. McINTOSH, J:

Osaka Auto Parts Ltd, a limited liability company under the laws of Jamaica, seeks a

judicial review pursuant to Part 56 of the Supreme Court of Judicature Civil Procedure

Rules 2002.

The Claimant's claim is for declarations and orders for mandamus and prohibition in

relation to the importation of two containers into the island at the Kingston Wharves. The

containers, it is claimed, contain -baious motor vehicle parts for assembly by the

Claimant who is licensed by the Ministry of Industry Commerce and Technology to

assemble motor vehicles from spare parts and knock down kits from Japan. The said