The Hon. Mr. Justice David Batts

Harvest Tabernacle Limited v Jackson, Colin and Brown, Arnaldo A.

Application to set aside judgment in default – Delay in entering acknowledgement of service – Attorney’s error cause of delay – 2nd Defendant an attorney-at-law-Relevance of want of candour - Agreement for sale- Undischarged mortgage on the property- Vendors mortgage also granted to Claimant who was the purchaser- Purchase price paid by instalments- Claimant put in possession- Instalments paid to 2nd Defendant as vendor’s attorney at law -2nd Defendant disbursed payments to his client the 1st Defendant – Payments were not made to mortgagee who exercised power of sale –The Claimant was legal

Drakulich, Michael and Patchen, Max et al v Rainforest Adventures (Holdings) Limited and Mystic Mountain Limited

Company Law – Application for Interlocutory Injunction – Sections 213A (2) (a), (b) and (c) of the Companies Act – Appointment of directors - Appointment of managing director - Whether power of shareholder owning 100% of the shares is to be restrained - Negotiations ongoing with bond holders-Whether appointments unfair or prejudicial - Whether issue for tria l - Whether damages adequate remedy - Whether just in all the circumstances.

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.

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