Live Stream: Annual Assize Service

NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



The Hon. Miss Justice Carol Edwards

ADS Global Limited v Fly Jamaica Limited

Contract - Agreement for the provision of telecommunication services - Services

Provided under three separate contracts - Contracts suspended for non-payment

On invoices - One contract provided for manner in which invoices presented for

Payment should be disputed - Whether there was any legitimate dispute over

Invoicing - Whether there was any right to suspend or to terminate all contracts

For non-payment of invoices due under one contract - Whether damages payable as

a result of the termination of services under the contracts.

Panton, Errol v Panton, Donald and Panton, Desmond

Civil practice and procedure - Application to enforce a foreign judgment - Application made at common law - Defence of fraud, public policy and natural justice raised to impeach judgment - Whether judgment successfully inpeached.

First Global Bank Limited v Spence, Orville and Spence, Nadine

Civil practice and procedure - Service by alternative method - Affidavit of service filed with request for default judgment - Rules requiring court to be satisfied as to service - Affidavit of service to be endoresed by Ciurt that servies is satisfatorily proved - Affidavit not endoresed by Registrar but request for default judgment granted - Whether failure by registrar to endorse affidavit renderes the service defective - Application to strike out claim and for summary judgment due to defect in service - Civil Prodedure Rules, 2002, Part 5, Rule 5.13. 

Alliance Finance Limited v Capital Solutions Limited and Anderson Jones, Mark

Civil practice and procedure – Application for summary judgment – Debt owed by one party to another – Attempt by debtor to assign debt – Assignment ineffective – Declaration of trust - Trustee refusing to bring claim against his debtors – Beneficiary of the trust bringing claim against third party debtor – Whether there exist any basis for summary judgment – Civil Procedure Rules 2002, part 15, rule 15.2.

Khemlani, Suresh v Topaz Jewellers Limited, Khemlain, Raju, Topaz Investments Limited and Issar Company Limited et al

Loan contract – Monies borrowed for the benefit of interrelated companies – Each company receiving a separate portion of the loan with obligation to repay that portion with interest – Corporate and cross guarantees signed by each company – Separate personal guarantees also provided for the said loan by two individuals – Loan in default – Guarantors called on by the bank to honour the guarantee – Loan repaid by one guarantor – One individual guarantor seeking to claim from the other an indemnity under the guarantee – Whether guarantor obliged to sue the principal debtors first – Whether loan

Weststar International Limited and Campbell, Ryland v Finizi, Winston

Civil practice and procedure – Application to register foreign judgment – Judgment registered by the local court not the correct judgment of the foreign court – Omission in judgment corrected by the foreign court prior to application to register in the local court – Authenticated copy of judgment presented to local court for registration without a copy of the order of amendment – Defendant not applying to set aside the registration of the foreign judgment in the time competent for him to do so – No extension of the time to apply to set aside was applied for or granted within the time compet

Levy, Ian and Levy, Cecelia v Atherton, Julie et al

Contract - Dispute as to nature and validity of contract - Contract referring to loan/eqity - Whether monies advanced was for a loan or an equity investment - Whether the written contract was so ambigious as to call into question the contra proferentem rule - Whether contract in breach of the Moneylending Act.

Contract - Sums paid under an earlier agreement - Later agreement superseding the earlier agreement by incorporating its terms - Whether consideration past.

In Re Damion Black

Trusts - Trust for sale - Application by administrator general for directions regarding the sale of trust property - Duty of administrator general - Independent valuation of trust property commissioned by administrator general - Valuation partially dependent on company’s audited financial statements - Whether there is actual or apparent bias or conflict of interest in the manner in which the audit was conducted to affect the reliability of the valuation - Sections 39, 40, 43 and 44 of the Administrator General’s Act

Morgan's Harbour Ltd (In Receivership) v Lashmont Financial Services Ltd and McClymont, Myles

Insolvency – Convertible debenture – Appointment of joint receiver – Managers by debenture holder – Duty of receiver – Managers to the debenture holder in the exercise of the power of sale under the convertible debenture – Whether receiver – Managers in breach of duty – Termination by the debenture holder of the receiver – Managers at the point of their exercising their power of sale – Whether any basis exist upon which receiver – Managers may refuse to accept termination – Duty of debenture holder – Whether debenture holder in breach of duty – Whether a court of equity can invalidate the t

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