LIVE STREAM: Call to the Bar Ceremony


Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

The Hon. Mr. Justice David Batts

Construction Developers Associates Limtied v The Attorney General of Jamaica

Construction contract – Disputes adjudicated - Contract terminated prior to completion – Adjudicator’s rulings determined by court to be binding – Project manager failed to issue payment certificate - Whether death of project manager barred claim – Whether interest on overdue amounts to be compounded – Whether late submission of final account barred claim - Whether amounts already paid settled claim – Meaning of “prevailing commercial interest rate”.

Genus Pharmacy Limited v McLeish, Kisa and Forty-Two Traders Limited

Contract – Whether oral or in writing - Whether agreement to share profits as franchisee- Whether agreement to sell stock and fixtures - Documentary evidence - Whether signed document a sham – Whether Defendant in business on her own account - Burden of proof – Factual findings.

Dietrich, Doreen Elizabeth v First Heritage Co-operative Credit Union Limited and Magne Evering

Mortgage – Power of sale exercised – Whether breach of duty by mortgagee – Subdivision approval obtained – Physical evidence of subdivision – Restrictive covenant not modified or removed - Splinter titles not issued -- Whether property appropriately advertised – Whether reasonable steps taken to obtain true market price at the time – Whether valuer in breach of duty.

EW Lewis Investment and Finance Limited and EW Lewis Investment Venture Capital Limited v Plantation Development Company Limited, Christopher Kerr and Plantation Holdings Company Limited

Contract – Loan – Promissory Notes – Whether loan repaid – Whether interest rate agreed – Whether documentation created a sham transaction – Whether illegality tainted contract – Whether evidence admissible – Stamp Duty Act – Whether documents improperly stamped – Whether late stamping permissible – Whether equitable mortgage created – Hearsay objections to witness statement – Failure to take objections at case management – Whether trial judge has discretion to refuse to entertain late application – Whether self-serving evidence of communication to a third party admissible – Whether trial j

Baghaloo, Wilfred (Receiver, Mystic Mountain Limited in receivership) v Mystic Mountain Limited (In Bankruptcy and Sky High Holdings

Receivership and Bankruptcy – Sale of assets – Application to approve sale – Whether best price obtained – Expert opinions – Relevance and treatment of expert opinions – Whether unsigned report admissible- Relevance of whether “commercially reasonable” effort to sell made - Observations on principle of open justice- Observations on the distinction between a court appointed and a privately appointed Receiver. 

The Port Authority of Jamaica v Kinetic Shipping PTE Limited (Owners of the MV Maritime Gracious) and Portside Towing Limited

Admiralty – Pilotage Act - Ancillary proceedings – Whether claim in rem – Vessel under tow – Collision with pier – Whether pilot of tug can be liable- Whether tugs lawfully arrested - Whether application to arrest ought to have been served – Whether duty to give full disclosure- Whether ex-parte order for arrest to be set aside - Whether and how much security for costs to be paid.

Braywick Partners Limited v McCook, Robert

Application for Summary Judgment - Arbitral award - Whether enforceable against guarantor - Whether guarantor can challenge arbitral award - Whether guarantor has a defense with a real prospect of success - Counterclaim - Whether guarantor entitled to judgment in default on the counterclaim - Observations on judicial function when declaratory or injunctive relief claimed.

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