The Hon. Mr. Justice David Batts

Company Law - Application for permission to bring a derivative action outside the jurisdiction - Preliminary point as to jurisdiction - Whether S. 212 of Companies Act applies only to actions in Jamaica – Whether application ought to be by Fixed Date Claim

Property Rights of spouses Act – Partition Act - Whether fraudulent  transfer of a 1/3 interest – Whether each spouse only entitled to a 1/3 interest.

Application for Stay pending Arbitration - Whether request for arbitration – Whether words “Notice is imminent” negates request - Whether filing legal action amounts to election not to arbitrate.

CONTRACT – Lease – Representations- Whether oral collateral agreement that lease would be renewed – Whether oral collateral agreement that tenant would be compensated – Estoppel – Whether landlord estopped from exercising legal rights under terms of the Lease – Expert Evidence – Whether replacement cost at date of claim relevant.

Civil Procedure - Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules-Application to set aside - Whether paying party entitled to set aside Default Costs Certificate - Both parties in technical breach of the rules - Good Reason - Points of Dispute.

COPYRIGHT – Cable Television – Whether Defendant infringed copyright by broadcasting Diamond League event - “overspill” - Whether Defendant liable – Statutory construction – Copyright Act sections 31(5), 31(1), 32(3).

Contract - Variations - Whether work done - Evidence by video link - Whether witness to affirm..

Application for Summary Judgment - Whether Defence has real prospect of success – Loan - Guarantee and Indemnity - Whether misrepresentation about time of disbursement – Application post dates misrepresentation - Whether guarantor‟s error exculpatory.

Application for payment of money held as security - Injunction discharged - Whether undertaking as to damages implied – Whether damage or loss is to be set off against money held as security – Foreclosure – Whether mortgagor entitled to refund of money held as security.

Application for Summary Judgment - No dispute of fact – Whether Guarantor who signed as director of principal borrower privy to change of contract agreement – Whether liable in his capacity as Guarantor – Whether Consumer Protection Act applicable.