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.
S & C Financial Limited v The Trustee in the Estate of Patrick Emmanuel Mason (A Bankrupt)
Bankruptcy – Application by creditor to lift automatic stay - Whether false statement as to solvency in loan application - Whether a sufficient basis to lift stay- Whether public interest served- Whether policy of statute relevant consideration.
BHI Therapeutic Sciences and Blue Horizon International LLc v Caribbean Regenerative Centre Limited
Contract – Whether wrongful repudiation/termination – Whether Quasi Contract relief possible - Damages - Whether wasted expenditure recoverable.
Palmer, Gloria and Thomas, Paul v Sinclair, Paul and Forbes-Thompson, Heather
Evidence – Civil Practice – Application to strike out portions of Witness Statements– Hearsay Rules – Whether any relevant exceptions – Relevance-Role of statement of case - Whether condition for service of Notice of Intention to Rely satisfied by service of witness statement.
Stephens, Robert v Port Royal Development Company Limited
Companies Act – Application for permission to bring derivative action – Whether Respondent has a cause of action related to the government’s breach of a Memorandum of Understanding - Whether section 212 notice to directors adequate - Whether shareholders and/or “the secretariat” are valid intended defendants to the intended derivative action - Whether intended claim is in the interest of the company.
Levy, Ian and Levy, Cecelia v Atherton, Julie; Atherton, Richard and Refreshing Ideas LLC
Application for sale of land – Whether basis to refuse application - Hardship - Non disclosure of existing creditors – Whether jurisdiction to order sale and jurisdiction to make charging order separate and distinct - Whether Order to be suspended.
Exclusive Holidays of Elegance Limited v ARC Systems Limited
Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.
Cenitech Engineering Solutions Limited v National Contracts Commission, The Integrity Commission (formerly the Contrctor General of Jamaica, The Minister of Agriculture & Fisheries et al
Judicial Review –The Contractor General Act –The Integrity Act - Revocation of grade 1 certification –Absence of Regulations – Whether National Contracts Commission (Validation and Indemnity) Act applies – Whether 1st Respondent liable - Reversal of decision to award contract – Whether natural justice applies – Whether constitutional right to fair hearing - Whether hearing required prior to revocation and/or reversal – Whether decision inevitable and remedy to be refused- Whether 2nd Respondent breached duty of confidentiality - Whether 3rd Respondent liable - Damages - Circumstances i
Sue, Sharon Denise (Personal Representative of Estate Neville Sue, deceased intestate) v Peart, Vernon Claude
Fraud - Registration of Titles Act - Whether Title obtained by fraud – Whether land sold to Defendant prior to owner’s death - Whether fraudulent declarations made -Whether copy receipt authentic.
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