The Hon. Miss Justice Ingrid Mangatal

Civil practice and procedure - Freezing order -  Whether discharge of injunction on grounds of non-disclosure or whether injunction not to be continued until trial - Whether good arguable case of breach of trust or breach of contract - Wheher claimant entitled to produce without prejudice correspondence from dependant at ex parte hearing - Whether risk of dissipation of assets - Hardship to  dependant - Whether order just and convenient in all circumstances.

Application for stay of proceedings - Section 5 Arbitration Act - Whether fact that claim made against directors of company in addition to company should prevent referral - Affidavit evidence allowed after matter heard and judgment reserved to deal with readiness and willingness to proceed at time of commencement of proceedings - What proof required of readiness and willingness - Stage dispute/breakdown had reached with parties relevant - Whether good reason not to refer to arbitration.

Statutory interpretation - Section 21 Indecom Act - Section 47 Telecoms Act - Section 16 Interception of Communications Act - Whether ejusdem generis rule applicable – Generalia specialabus non derogant.

 Contract law - Restraint of trade covenant - Whether express

Agreement/covenant by former managing director and

Shareholder not to solicit clients - Whether term to be implied -

Constituents of soliciting - Need to prove direct and targeted

Behaviour on part of covenantor - Encashing cheque whether

proof of acceptance of terms of letter.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 19991s 191

BETWEEN ANN-MARIE SEARCHWELL CLAIMANT

AND JOHN LENNON lSTD EFENDANT

AND MRS. LENNON 2ND DEFENDANT

C Mr. Maurice Frankson, instructed by Gaynair & Fraser

for Claimant

Mr. Roderick Gordon for the Defendants

Heard: 17", 18" December, 2003 and 5th March, 2004

MANGATAL J (Ag.)

1. Mr. and Mrs. Lemon were the owners of 24 dogs on the gth

IN THE SUPREME COURT OF JUDICATURE OF

IN CIVIL DIVISION

CLAIM NO. HCV 188312004

BETWEEN

AND

ANGELLA BIGGS

EARL BIGGS

CLAIMANT

DEFENDANT

Heard tlie 2nd and 17'" September 2004.

Ms. Carol Davis , Attorney-at-law for the Claimant.

JUDGMENT

CIVIL DIVISION

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. C.L. 1994 R 166

BETWEEN ADOLPHUS SYLVESTER ROPER CLAIMANT

AND

AND

AND

KINGSTON HLB DISTRIBUTORS

LIMITED lST DEFENDANT

DP.V!9 WATSObJ

IAN GOULBOLRNE

2ND DEFEFrnANT

3RD DEFENDANT

Miss L. Green, instructed by Forsythe & Forsythe, for the Claimant.

Mr. H. Haughton Gayle for the 2nd Defendant.

Heard: lofh and isth ~ebruary2 005.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. HCV 1950 OF 2004

BETWEEN CASWELL RODNEY CLAIMANT

AND AUDREY BMIE-PALMER lST DEFENDANT

AND NORMAN SPAULDING 2ND DEFENDANT

Mr. Charles Campbe!! for the Clairr~antM. iss Debbie-Ann Robinscr, for the 1''

Defendant.

14eard: 25''' February and 3rd March 2005.

Mangatal J:

1. This case concerns an assessment .of damages against the First Defendant. The

IN THE SUPREME COURT OF JUDICATURE OF JAMACIA

IN COMMON LAW

CLAIM NO. C.L. 2002/C-238 1 I

BETWEEN RODNEY CAMPBELL CLAIMANT i

A N D THE JAMAICA OBSERVER

LIMITED 1ST DEFENDANT

A N D CHESTER FRANCIS-JACKSON 2ND DEFENDANT

Miss C. Brown instructed by Vacianna & Whittingham for the Claimant.

Miss M. Brown instructed by Brown-Hamilton & Associates for the

Defendants.

HEARD: 20th April and 9th June 2005

MANGATAL, J.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

HCV 01 158/2003

BETWEEN KATHLEEN MAY LAMONT

AND ALVIS LAMONT

CLAIMANT

DEFENDANT

CONSOLIDATED WITH

SUIT NO. E: 702 OF 2002

/-'~

BETWEEN ALVIS LAMONT APPLICANT

KATHLEEN MAY LAMONT RESPONDENT

Mr. Kevin Williams instructed by Grant Stewart Phillips and Co. for the Alvis

Lamont.