Application to set aside default judgment – Alleged failure to serve claim form - Whether a delay in filing the application should result in the failure of the application – Whether the defendant has a defence which has a realistic prospect of success - Whether a draft defence attached to an affidavit is sufficient – Hearsay
Application for guardianship order – Applicant who is a close blood relative of the relevant child – Applicant resides overseas – Child’s biological mother purportedly
Judicial Review – Statutory interpretation – Illegality – Whether the authority acted illegally –Irrationality – Whether the authority acted irrationally – Whether illegality and irrationality are equated in law – Effluent(s) – Absence of meaning in the Act – Use of a dictionary meaning – Secondary dictionary meaning – Environmental permit – Environmental licences – Object and purpose of the statute – Relationship between primary and subsidiary legislation – Presumption of correctness in statute – Whether provisions are mandatory or discretionary – Whether regulations are ultra vires the pr
Application to challenge the jurisdiction of the court – Acknowledgement of service filed – Whether there exists a binding agreement between the parties albeit unsigned – Whether Jamaica is forum conveniens – Whether the court should exercise its discretion to allow the hearing of the matter to continue in Jamaica
Application for leave to challenge environmental, planning and building permits granted by Kingston and St. Andrew Municipal Corporation - Multi-family development - Grounds for application - Bias – Irrationality - Illegality - Natural Resources Conservation Authority Act - Building Act
Claim for an equitable interest – Proprietary estoppel – Promissory estoppel Claim for beneficial interest – Burden and standard of proof – Adverse possession against a party who no longer has title – Claim based on adverse possession – Whether claimant was a licensee - Whether the provisions of PROSA apply to disputed property – Proprietary/Promissory estoppel – Application for a declaration of spouse – Whether the deceased was a single man for the material period – Credibility of witnesses – Costs – The appropriate costs order to be made in respect of these matters
Unregistered land – Dispute as to ownership of land – Burden and standard of proof – Affirmative defence – Claim for recovery of possession – Claim for trespass – Adverse possession as a defence – Whether adverse possession applies to unregistered land – Credibility between witnesses – Limitation rights and unregistered land – Possession of vacant land – When does time start to run against the claimant – Factual Possession – Intention to exclude others – Fencing and cultivating vacant land – Payment of taxes by the claimant – Payment of taxes
Application to strike out the claim as one which discloses no reasonable case against the 1st defendant – Claim for fraud – Bona fide purchaser for value – No actual fraud is being alleged against the current registered owner who is the 1st defendant – Alleged actual fraud on the part of the 2nd defendant – Application for summary judgment – The distinction between an application to strike out the claim and summary judgment – Claim for limitation rights – Adverse possession and registered title – Claim not served on the 2nd defendant – Application to dispense with mediation – Costs – The ap
Application for relief from sanction after sanction applied –– What was the sanction which applied for failure to file witness statement in time –– When did the sanction take effect –– Whether the application was made promptly –– Whether the state of mind of the applicant ought to be considered –– Ignorance as to the true state of the law ––Whether the failure to comply was intentional –– Whether there is a good explanation for failure to comply –– Whether the claimant generally complied with orders of the court –– Witness summary –– Whether non-compliance has been remedied –– Effect of gra
