Stewart, Adam v Stewart Robert, Dmitri Smith, Elizabeth Desnoes, Laurence McDonald and Gorstew Limited
Interlocutory injunction - Estate Gordon 'Butch' Stewart - Testator devised company shares and assets giving detailed instructions to executors - Directors meeting called - Whether a director and beneficiary has locus standi to prevent the directors meeting - Section 213A Companies Act - Whether anticipated oppressive act can be restrained.
Fair Trading Commission v Supreme Ventures Limited and Supreme Ventures Gaming Limited
Civil Procedure - Application to strike out claim - Application to stay proceedings - CPR 26.1(2) - CPR 26.3(1) - Fair Competition Act - Whether facts that 1st. Defendant is unlicensed is fatal to the claim - Whether Defendants interrelated parties within the meaning of the Act - Appeal in other proceedings challenging report - Whether report integral to claim - Whether claim should be stayed pending appeal.
College of Entrepeneurship & Innovation Limited v Campbell, Kayon and Stone Plus Limited
Contract – Fixed price – Additional work done - Whether contract varied to
increase price.
Royale Lakes Football Club Limited v St. Catherine Football Association
Application for Interlocutory Injunction – Sporting organization – Punishment imposed - Whether Rules of Natural Justice apply – Right to protection of law – Right to approach the courts – Whether result of interlocutory application a final remedy.
Plummer, Phenee Anthony and Sean Fraser v Dembigh Farms Limited, John Plummer and Brian Plummer
Judgment Summons – Summons to Examine – Enforcement of Money Judgment – Burden of Proof – Whether judgment debtors had means or ability to pay - Observations on the Debtors Act, Part 52 of the Civil Procedure Rules 2002 and, the jurisdiction to commit persons for non-payment of judgment debts.
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.
Pagination
- Previous page
- Page 2
- Next page