Contract - Whether bank entitled to take money from account of custome - Allegation of overpayment - Quistclose trust - Mistaken payments - Money had and received - Abuse of process.

Civil practice and procedure - Summary judgment - Rules 15, 25 and 26 of the Civil Procedure Rules - Interpretation of contract.

Civil Procedure - Application to strike out - Summary judgment - Application to amend statement of case.

Application for discharge of restraint order - Abuse of power - Civil recovery under Proceeds of Crime Act - Sections 32, 33, 34, 84, 85, 86, 87, 88, 119, 120, 121 of the Proceeds of Crime Act - Sections 2 and 17 of the Financial Investigations Division Act.

Application for restraint order - Sections 2, (1), 5, 6,16 and 32 of the Proceeds of Crime Act.

Constitutional law – Charter of Rights - Section 13 (3) (c), (c) and (5) – Freedom of speech – Freedom of expression – Whether freedom of expression includes right to use private property to exercise right – Whether fundamental rights applies horizontally

IN THE SUPREME COURT OF JUDICATURE JAMAICA

CLAIM NO HCV 00945/2004

BETWEEN WINSTON BLOOMFIELD FIRST CLAIMANT

AND MARCIA DAVIS SECOND CLAIMANT

AND NATIONAL DEVELOPMENT

FOUNDATION OF JAMAICA DEFENDANT

Mr. Gayle Nelson instructed by Gayle Nelson & Company for the

claimants

Mr. Donovan Williams instructed by Chancellor & Company for the

defendant

Sykes J (Ag)

August 27,2004 and September 3,2004

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO HCV 02205/2004

BETWEEN VRL SERVICES LIMITED CLAIMAhNLT

AND SANS SOUCI LIMITED DEFENDANT

IN CHAMBERS

Dr. Lloyd Barnett instructed by Hugh Hart of Hart, Muirhead and Fatta for

the claimant

Mr. Stephen Shelton and Miss Haydee Gordon instructed by Noel Levy of

C'j ' Myers, Fletcher and Gordon for the defendant 2

November 8 and 9,2004 1

Sykes J (Ag)

APPLICATION TO SET ASIDE PERMISSION TO ENFORCE ARBITRATION

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. CL 2001/S - 124

BETWEEN VINCENT SCHOBURGH CLAIMANT

AND MICHAEL FLETCHER FIRST DEFENDANT

AND ROBERT FLETCHER SECOND DEFENDANT

Mr. Norman Samuels for claimant

No appearance for defendants and defendants not appearing

June 25, July 27 and September 23,2004

Sykes J (Ag)

ASSESSMENT OF DAMAGES: PERSONAL INJURY

Mr. Vincent Schoburgh, the claimant, was struck from his bicycle

IN THE SUPREME COURT OF JUDICATURE

COMMON LAW

CLAIM NO. C.L. 19941B446

BETWEEN VERA BENNETT FIRST CLAIMANT

(Executor of the Estate

of Valda Ferrest Bennett)

AND STAN LEY BENNETT SECOND CLAIMANT

(Executor of the Estate

C of Valda Ferrest Bennett)

AND VINCENT PEARSON FIRST DEFENDANT

(Executor of the Estate

of Agnes May Pearson)

AND ESTATE OF AGNES MAY

PEARSON SECOND DEFENDANT

IN CHAMBERS

Dr. Lloyd Barnett and Mr. Keith Bishop instructed by Bishop and