Oddman, Fern v Airports Authority of Jamaica and Delta Airlines
Statutory Interpretation - International carriage - Passenger sustaining injury at airport terminal when descending stairs on way towards aircraft - Whether Montreal Convention 1999 applicable - Carriage by Air (Montreal Convention) Act - Civil procedure - Summary judgment and striking out - Principles to be applied
Lawson, Dennis and Lawson Farms Limited v Wood, Christopher and Jameco Development Company Limited et al
Contract - Promissory note – Defences to claim on promissory note – Whether defence of set-off possible on counterclaim
Brown, Neale and Brown, Sharon v Brown, Michael
Landlord and Tenant - Whether surviving tenants in common can claim for rent against a tenant after the death of a co-tenant in common who had put him in occupation pursuant to an oral rental agreement.
Real Property - Registration of Titles Act - Whether a power of attorney with a certificate of attestation pursuant to the seventeenth schedule of the Registration of Titles Act which bears a false declaration is valid for purposes of enabling the donee of the power of attorney to transfer the interest of the donor.
Haddad, Nathan (Trading as Peppa Tree Jamaica West Indies) v Tony J. Limited and McConnel, John Jeremy (Trading as Pepperwood Jerk Pit)
Injunction – Principles to be applied - Whether there is a serious issue to be tried of infringement of copyright and/or the tort of passing off - Trade marks – Whether mark confusingly similar to registered trade mark – Principles to be applied in assessing similarity
Morris, Devon v Morris, ,Cherrida and Mangaroo-McBean, Morlyn et al
Injunction - Principles to be applied - Applicant not registered legal owner but executed an agreement for sale with a third party – Whether there should be payment into court by mortgagor under ‘Marbella principle’ - Exceptions to applicability of the principle – Whether sending of cheque to Mortgagee amounts to an appropriate payment or other security.
Brilliant Investments Limited v Messado, Jennifer; Braham, Jennifer and Chinn, Rory
Agency - Whether Attorney-at-law held out as agent of company
Contract – Nature of contract - Whether loan or contract for sale of land with option to purchase
Company law – Duty of care owed by nominee director
Real Property - Whether purchaser who registered his legal interest had knowledge of fraud by agent of vendor
Chue, Blondel v Melan Investment Company Limited and Chung, Sandra (Executrix of the Estate of Melvin Chung, deceased)
Contract - Novation - Whether there was consent of the parties.
James, Dalma (Trustee of the Bankruptcy estate of Brian Walks) v Walks, Brian and Walks, Sheryll Elaine
Insolvency - Whether trustee disqualified - Application for sale of property jointly owned by bankrupt - Whether bankrupt can challenge decision of trustee - Real Property - Application pursuant to Partitions Act for sale of jointly owned property - Principles to be applied.
Supreme Ventures Limited v Jabobs, Verna Andria (ta Jacob;s Enterprise Limited)
Contract - Breach of Contract - Agent’s failure to pay sum due under a contract
Evidence - Whether sufficient evidence of the integrity of the system which is being relied upon to establish debt
Defamation - Whether sufficient evidence adduced on counterclaim
Harley, Doreen v Harley, Norman and Jamaica Redevelopment Foundation Inc.
Civil Procedure - Joinder of party – Whether mortgagee should be joined on an application to restrain the registrar of lands from registering an order foreclosure.
Statutory Interpretation – Whether there is a requirement under section 119 of the Registration of Titles Act for a caveator claiming a beneficial interest to be served with a notice of intention to make an application for foreclosure – Whether there is a requirement for such a notice if the caveat is based on a beneficial interest awarded by the court.
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