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.
Williams, Denise v McDonald, Delroy and Industrial & Technical Supplies Limited (Sued and joined as nominal defendant)
Application for interim relief - Application to Strike Out Claim – CPR Rule 26.3(1) – Companies Act Section 213A – Derivative Action – Breach of fiduciary duties
Jamaica Association of Composers Authors and Publishers Limited v Somane Pesole Communications Limited
Application for Entry of Judgment in Default – Application to Strike Out Claim and for Summary Judgment – Whether claim form personally served – Copyright Act – Companies Act – Whether claim particularized – Whether Claimant has locus standi-Whether real prospect of success.
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.
Tomlinson, Maurice Arnold v The Attorney General of Jamaica, the Churches, Jamaica Coalition for a Healthy Society et al
Constitutional Law – Charter of Rights - Savings Law Clause - Offences Against the Person Act - Whether the savings law clause precludes enquiry by court - Meaning of “sexual offence” - Whether court bound by the parties’ statement of meaning - Whether buggery is a sexual offence.
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