The Hon. Mr. Justice David Batts

Stewart, Lauriston v Sonada Limited, Messado, Jennifer, et al v National Property and General Insurance Brokers Limited and Camnel Farms Limited

Injunction - Money loaned to 1st Defendant – Caveat lodged against property – Property already subject of sale to Interested Party – Whether sale to be restrained – Whether serious question to be tried - Balance of convenience-Promissory notes unstamped - Whether admissible in evidence - Observations on the practice of attaching exhibits to affidavits by schedule.

Mullings & Co. (A firm) v Frank I. Lee Distributors Lilmited

Application to relist an application to set aside judgment in default - Four-year delay – Whether delay inexcusable – Whether instructions from client required before applying to relist – Overriding objective of CPR – Whether all circumstances including relative strength of each case to be considered.

Andrew Issa Realty Limited trading as Coldwell Banker Jamaiaca Realty and Andrew Richard Issa Trading as Coldwell Banking Jamaica Realty v Everoy H. Chin & Co. Ltd.

Application for summary judgment –Claim by broker for commission on sale of land- Whether defence has real prospect of success- Multi Listing Agreement (MLA)- Whether sale to person “associated or affiliated” to someone with whom broker negotiated - Whether Defendant entered into another “valid, bona fide” MLA- Whether 1st Claimant a party to MLA –Whether Claimants were licensed brokers-Whether triable issues of fact – Attorney swearing affidavit- Whether costs to be allowed –Observations on the use of exhibit schedules.

J Wray & Nephew Limited v Levy, Jami (trading as Sweet & Juicy Restaurant)

Recovery of possession – Fixed date claim – Application to strike out claim – Whether reasonable grounds for bringing claim disclosed - Commercial tenancy - Two notices to quit, one for one year the other 45 days - Premises required to be sold - Whether that is use for a business or professional purpose - Whether section 25 requirements of the Rent Restriction Act satisfied.

JEBMED S.R.L. v Capitalease S.P.A. Owneres of M/V Trading Fabrizia et al

Admiralty – Ship arrested and ordered, sold – Application to vary Order – Whether under liberty to apply – Rule 26.17 – Whether Change in Circumstance Whether mortgagee to be put in possession – Whether effect of variation is to end arrest and sale by bailiff – Whether order interlocutory or final.

Plummer, Phenee Anthony; Fraser, Sean and Denbigh Farms Ltd. v Plummer, John Glen and Plummer, Brian

Companies Act - Sections 174,193, 213 and 213A - Mining lease granted to 1st Defendant’s son - Duty of director – Whether breach of trust - Whether implicit agreement to permit 1st Defendant to make such a decision - Whether 1st Defendant as managing director acted lawfully - Whether duty to disclose - Whether secret profit – Expert report admitted by consent - Whether Defendants entitled to challenge the expert’s methods and findings – Remedies - Measure of damages.

Graham, Caliston v Coast to Coast Quarries Limited, Coast to Coast Concrete Company Limited et al

Company Law – Minority shareholder – Section 213A Companies Act – Civil Practice and Procedure – Rule 15.2 – Defendant’s application for Summary Judgment – Whether Defendant can obtain Summary Judgment against itself – Whether Claimant entitled to a trial – Whether trial of preliminary issue is appropriate - Anton Pillar order improperly executed – Mareva injunction- Whether orders to be set aside – Whether an order for interim payment should be made – Whether interim receiver should be appointed.

Pages

1 2 3 4 5 6 7 8 9 next › last »

Covid-19

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023