Capital And Credit Merchant Bank Limited v White, Lenbert and Ryman, Cheryl
Civil Practice and Procedure – Application to set aside default Judgment – Whether court personally served – Whether defence shows real prospect of successfully defending claim
C&H Property Development Company Limited v Capital And Credit Merchant bank limited
Company Law - Security for costs application under Section 388 Companies Act- What constitutes credible testimony of reason to believe company will be unable to pay costs - Sub-sections 221(a) and 221(c) Companies Act - Different requirements - When company deemed to be unable to pay debts - Inability/failure to pay debts more crucial test of insolvency than whether liabilites exceed assets
Brown, Rio v N.E.M. Insurance Company Jamaica Limited
Insurance policy – Law of contract – What constitutes offer by insured and acceptance by insurer – Whether accord and satisfaction, release and discharge – Whether average clause applicable – Significance of term "SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY"
Bennett, Sharon and Thomas, Charlene v Donaldson, Vivian et al
Agreement for sale of land –Purchaser entering into possession for a period of time – Whether liable for interest on unpaid balance of purchase price or Mesne profits consequences of vendors remaining in possession thereafter – Specific performance
- Whether vendors guilty of willful default.
Where vendor possession in default, But not willful,
Entitlement to rents and profits and not interest.
Otto, Frank and Otto, Lorna v Elegant Estates Limited
Damages - Breach of contract - Construction of joint venture agreement.
First Financial Caribbean Trust Company Limited (In Liquidation) v Howell, Delroy and Mitchell, Kenarthur et al
Company law – Insolvency– Private international law – Appointment of liquidator in winding -up proceedings in foreign court - Claim filed by company for breach of fiduciary duty , contract and fraud prior to winding-up order – Locus standi of liquidator to continue proceedings - Whether need for letter of request from foreign court to Jamaican court seeking assistance – Inherent jurisdiction of the Court to recognize and assist liquidator – Form of recognition - Whether assistance necessary.
Supreme Ventures Ltd. v Bisseney, Camiele (Trading as Camiele’s One Stop)
Application to transfer matter to commercial court - Part 71, Rules 71.3 and 71.6 Civil Procedure Rules 2002 - Considerations to be applied.
Austin, Dale v The Public Service Commission and Attorney General of Jamaica
Administrative law – Judicial review – Part 56 of the CPR – Rule 56.3, 56.4 & 56.11 (4) (c)
Application for leave to apply for Judicial Review granted -
Whether part 11 of the CPR, Particularly RULE 11.16 (3) Applies - Rule 11.16 (3), whether directory or mandatory.
Smellie, Michelle and Lewis, Ivan et al v National Commercial Bank Jamaica Limited
Interlocutory injunction - Mortgage by way of guarantee and guarantee - Whether serious issue to be tried - Unconscionable conduct/undue influence - Bank's obligations to volunteers - Legal advice clause - Condition for grant of injunction - Payment into court.
Smith, Miguel and Smith, Tanya v Nembhard, Wilfred and Brown, Elwell
Bankruptcy - Bankruptcy Act - Sections 39, 84, 42 - Meaning of 'debt provable in bankruptcy" - Whether bankrupt or trustee in bankruptcy to conduct proceedings - Whether automatic stay of proceedings.
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