Chung, Patrick v The Attorney General of Jamaica and the Director of Public Prosecutions
Constitutional law – Right to fair trial within a reasonable time – Period before charge 27 years – Period after charge 7 years – Incest – Indecent Assault – Whether delay breached right to hearing within a reasonable time – Whether right to fair hearing breached or is likely to be breached – Whether stay of proceedings the appropriate relief – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act – Section 16.
Cable and Wireless Jamaica Limited v Abrahams, Eric Jason
Company Law – Section 206 of the Companies Act - Scheme of Arrangement- Duty of court - Whether the Scheme of Arrangement is fair –Whether meeting to consider scheme properly constituted – Whether class or interest of shareholders relevant - Pending application to bring derivative action - Whether court should sanction the Scheme of Arrangement- Whether application to approve scheme should be stayed until after application for permission to bring derivative action is heard-Whether attorney who filed affidavit should appear as counsel.
JOSA Investments Limited v Promotions and Print Essentials Limited
Application to Strike out Claim –Arbitration - Section 12 (2) Arbitration Act (1900) – Construction of Contract – Mitigation of Damages – Whether misconduct - Whether error of law on face of the record – Court’s inherent jurisdiction – Whether reasonable ground to bring claim.
Rodriques, Sheneka v Employee Benefits Administrator Limited
Pension scheme interpretation of rules of pension scheme - Whether words
“with each child not receiving more than 25%” applies when there is only one child - Delay in payment - Whether trustee liable to pay compensation.
Chung, Gloria; Chung, Amanda and Chung, Mark v Chung, Michael and Mikol Investments Limited
Application for directions - Liberty to apply – Companies Act - Unfair prejudice claim- Costs order - Whether 2nd Defendant company to pay for expert forensic audit report and valuation – Whether Claimants to share costs - Whether costs to follow the event.
A1 Limited v Abrahams, Mary Grace
Application for stay of execution pending appeal – Application for removal of caveat - Application to strike out claim – Whether issue estoppel or res judicata – Judge reached age of retirement prior to delivery of judgment- Whether real prospect of success on appeal- Stare decisis - Whether Supreme Court bound by decision of court of appeal- Whether real risk of injustice if stay refused.
Gulfstream Petroleum SRL v Ankrail Limited, The Portmore Municipality and St. Catherine Municipal Corporation
Applications for Summary Judgment – Injunction – Lease – Absence of building permit - Breach of restrictive covenant – Whether landlord entitled to demolish buildings the subject of the lease.
Brown, Neale v Global Leasing and Finance Company Limited
Contract - Mortgage - Loan – Money Lending Act – Section 8 Subsections (1) and (3) - whether mortgage illegal and unenforceable – Whether loan disbursed prior to execution of mortgage – Whether relief to be granted – Whether full loan disbursed
Cable and Wireless and the Companies Act
Application to set aside order - Section 206 of the Companies Act – Scheme of arrangement - Whether court has jurisdiction to permit meeting – Whether meeting with creditors a prerequisite to permission.
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