Palm Beach Runaway BayLimited v Benbcula Limited and McDonald, Malcolm
Application for summary judgment - Registered land – Registered easement (road reservation) - Limitation of Actions Act - Possessory title - Whether right to road reservation extinguished.
West Indies Petroleum Limited v Scanbox Limited and Henry, Winston et al
Interlocutory injunction – Search, preservation and production order - Whether strong prima facie case required - Whether jurisdiction to prevent a libel at the interlocutory stage- Whether privilege against self-incrimination applicable – Observations on the origin of jurisdiction to grant injunctions – Costs – Whether to be apportioned – Whether certificate for two counsel to be granted.
Veteran Lawn Services Limited v Plantation Village Citizens Benevolent Society
Contract for services - Whether once signed a party is bound by its terms - Whether termination clause inserted after it was signed - Whether Non est factum applies-Whether contract lawfully terminated – Practice – Whether bundle of documents “not agreed” should be filed.
Sky-High Holdings Limited (Acting on its own behalf as Bondholder and on behalf of the Bondholders Trustee the JCSD Trustee Services Limited v Mystic Mountain Limited et al
Insolvency - Proposal made to secured creditors only – Whether meeting of creditors to consider proposal properly constituted – Whether unsecured creditors have a right to vote –Insolvency Act – Sections 5, 7,15,18,19,22 and 38-Observations on role of the Supervisor of Insolvency - Preliminary point- Whether party who files written submission out of time, and in breach of an order of the court, ought to be permitted to make submissions.
Cable and Wireless Jamaica Limited v Sretlaw Media Company Limited
Application for summary judgment - Contract - Flow Super Cup - Claim and counterclaim - Defence that amounts collected were spent for the claimant's benefit - Whether real prospect of success - Counterclaim reliant on an oral agreement - Whether real prospect of success.
Wilkinson, Courtney and Levy, John v Chambers, Gerald, West Inis Petroleum limited and Shirley, Gordon et al
Company Law-Application to Strike Out Claim – Allegations related primarily to corporate governance - Whether a claim pursuant to section 212 (derivative) or section 213A (oppression) is appropriate.
Coldfield Manufacturing Limited v Chen, Wayne
Civil Procedure – Application to renew order for seizure and sale- Whether application made within twelve months of issue date- Whether the “corresponding date rule” of computation of time applies - Whether interests of other judgment creditors affected.
Aspera Schiffahrtsgesellschaft, MBH & Co. KG v The Tug Ocean Kingston Pride and Location Ocean Incorporated and or the Bareboat Charterer of the Tug Ocean Kingston Pride
Admiralty Claim- Application to strike out claim – Collision between two vessels - Contract for towage services - Whether contract incorporated exclusive jurisdiction clause - Whether Jamaica a forum conveniens – Whether claim in rem - Whether incorrect form of claim.
Petroleum Corportion of Jamaica v Kinghorn, Sean and K & K (Management & Holdings) Company Limited
Application for Summary Judgment – Claim for recovery of possession- Whether defence has real prospect of success - Whether 1st Defendant (an attorney at law) owed fiduciary duties to Claimant - Whether breach of duty - Whether Defendants have real prospect of establishing a proprietary or other estoppel to prevent recovery of possession.
Doks Wells Construction Company Limited and Chin's Construction Limited v THe Caribbean Maritime University
Application for summary judgement and to strike out - Building contract - “No assignment” clause - Whether 2nd Claimant lawfully assigned contract to 1st Claimant - Whether Defendant waived no assignment clause - Whether 1st Claimant entitled to claim in name of 2nd Claimant by subrogation - Whether claim has no real prospect of success.
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