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
Div Deep Limitged and Mahtani, Mahesh et al v Topaz Jewellers Ltd. and Khemlani, Raju
Civil procedure – Application to strike out claim – No reasonable grounds for bringing claim – Claim essentially for breach of contract and fraud - Whether claim statute barred – Factual dispute as to date cause of action arose – Civil Procedure Rules 2002 rule 26.3 (1) (b) and (c).
Jebmed S.R.L v Capital S.P.A Owners of M/V Trading Fabrizia and others Consolidated with Elburg Ship Management v Enterprise Shipping Agency et al
ADMIRALTY CLAIM - CLAIM IN REM AGAINST A SHIP - DEFENDANT ENTERING APPEARANCE AND DEFENDING CLAIM - SHIP UNDER JUDICIAL ARREST BUT NOT BAILED BY OWNER - RENEWED APPLICATION FOR SALE OF SHIP PENDENTE LITE - VALUE OF SHIP FAR EXCEEDS THE CLAIMS AGAINST THE OWNER - WHETHER APPROPRIATE FOR SHIP SHOULD BE SOLD PENDENTE LITE - FACTORS COURT MUST TAKE INTO ACCOUNT - WHETHER COURT BOUND BY PREVIOUS DECISIONS REFUSING APPLICATION FOR SALE PENDENTE LITE - CPR PART 70
Jebmed S.R.L v Capital S.P.A Owners of M/V Trading Fabrizia et al Consolidated with Elburg Ship Management v Enterprise Shipping Agency et al
ADMIRALTY CLAIM-CLAIM IN REM AGAINST A SHIP-SHIP OWNERS ENTERING APPEARANCE-JUDGMENT ENTERED AGAINST SHIP OWNERS IN PERSONAM IN A FOREIGN JURISDICTION-SHIP OWNERS APPLYING TO SET ASIDE JUDGMENT ON GROUNDS OF RES JUDICATA AND ABUSE OF PROCESS OF THE COURT-WHETHER CLAIM SHOULD BE SET ASIDE
ADMIRALTY CLAIM-APPLICATION TO AMEND CLAIM-WHETHER AMENDMENT SHOULD BE REFUSED ON THE BASIS THAT CLAIM IS RES JUDICATA
Alliance Finance Limited v Capital Solution Limited et al
MAREVA INJUNCTION - APPLICATION FOR FREEZING ORDER OVER MONIES HELD BY FINANCIAL INSTITUTION ON BEHALF OF CLIENTS - CLIENT ENTERED INTO AGREEMENT TO ASSIGN BENEFICIAL INTEREST IN SUMS HELD BY FINANCIAL INSTITUTION TO SECOND FINANCIAL INSTITUTION TO WHICH CLIENT IS INDEBTED - SECOND FINANCIAL INSTITUTION CLAIMING TO BE BENEFICIALLY ENTITLED TO SUCH SUMS ASSIGNED - FINANCIAL INSTITUTION REFUSING TO PAY - WHETHER SECOND FINANCIAL INSTITUTION HAS AN ARGUABLE CASE IN TRUSTS - PAYMENTS BEING MADE OUT TO OTHER CLIENTS FROM THE FUND - WHETHER SUCH PAYMENTS QUALIFY AS DISSIPATION OF ASSETS FOR THE P
City Properties Limited v New Era Finance Limited
Landlord and tenant - Agreement for a lease - Draft lease not executed as some terms were found objectionable by the tenant - Parties operating under the agreed terms of the draft lease - Claim by lessor for rent and outstanding maintenance - Whether maintenance properly charged to the tenant as additional rent - Whether tenant obliged to pay insurance and depreciation on the buildi
Ocean Chimo Ltd v Royal Bank (Jamaica) Ltd (RBC), Royal Bank (T & T) Ltd (RBC), Royal Bank of Canada et al Between Howell. Delroy, Royal Bank of Canada and Billard, Samuel et al
Civil Procedure and practice - Application for summary judgment - Whether application notice complies with the rules - Whether failure to comply with the requirements of the rules in the notice fatal to the application - Whether a claim with disputed - Facts and voluminous pleadings is amenable to summary judgment - Whehter issues narrow regardless of volume of documents - Part 15, Rule 15.4 and 15.2 of Civil Procedure Rules - Agency - Claim against bank employees and agents for negligence - Conspiracy, fraud and breach of fiduciary duty - Whether such as claim agains
Alcoa Minerals of Jamaica v The Industrial Dispute Tribunal and Union of Technical Administrative and Supervisory Personnel
Judicial review - Application for certiorari - Review of award made by the Industrial Disputes Tribunal - Duties and powers of Tribunal - Power of the court on review - Meaning of unjustifiable dismissal - Whether the tribunal applied the correct legal test - Whether tribunal failed to take into account relevant considerations - Whether procedure for dismissal unfair - Whether tribunal failed to consider total procedure - Whether errors of law were made - Finality of findings of fact - Industrial Disputes Tribunnal - Unjustifiable dismissal - Discretion to order - reinstatement - Whether di