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Strachan, Leymon Flloyd v Jamaican Redevelopment Foundation Inc
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL D I V I S I O N
CLAIM NO. HCV 3381 OF 2006
BETWEEN LEYMON FLLOYD STRACHAN CLAIMANT
AND
IN CHAMBERS
JAMAICAN REDEVELOPMENT
FOU hlDATION I N C . DEFENDANT
Barrington Frankson and Howard Taylor for the claimant
Sandra Minott Phillips and Corrine Henry instructed by Myers Fletcher
and Gordon for the defendant
October 10 and 16, 2007
PENALTY, CONSIDERATION, PERFORMANCE OF EXISTING
OBLIGATION, RULE IN PINNEL'S CASE, RULES 25.1 (b) and (c), 26.1
(2) (k) and 27.2 (7) and (8) of the CIVIL PROCEDURE RULES
SYKES J.
1. Some years ago Mr. Strachan borrowed money from National
Commercial Bank. The debt is now in the hands of Jamaican
Redevelopment Foundation Incorporated ("JRF"). No issue is taken on
the assignment of the debt to JRF. JRF is an efficient debt collector.
JRF has an iron f i s t covered with a velvet glove. It enforces
agreements that it makes with debtors. It may agree to accept a
lower amount in satisfaction of the original debt but the conditions
are stringent. JRF does not accept or tolerate excuses. It is not
afraid to litigate to enforce its rights. Some might even say that JRF
relishes and thrives on a legal challenge. This case is about one of
those agreements. Mr. Strachan has taken up the challenge of trying
to establish that two clauses in the agreement between him and JRF
impose a penalty. JRF contends otherwise.