The Hon. Mr. Justice Lennox Campbell

Negligence – Motor Vehicle Collision – Manslaughter Charge – Dangerous Driving - Fatal Accident – Damages – Loss of Earnings – Special Damages – Funeral Expenses - Fatal Accidents Act – Law Reform (Miscellaneous Provisions) Act.

Entitlement to Property – Intestacy – Joint Property – Application seeking Court’s Intervention and Direction – Presumption of Death Order – Application to set aside Presumption of Death Order – Whether the Presumption of Death Order is a Final Order or Interlocutory Order – Application seeking Beneficial Interest in Estate – Declaration of Legal Spouse – Entitlement to apply for Grant of Letters of Administration – Application to set aside Presumption of Death Order refused.

Judicial Review - Application for leave to apply for Judicial Review - Allegations of Professional Misconduct - Breach of Financial Administration and Auditing Act - Education Act – Education Regulations - Whether there is an arguable case with a realistic prospect of success - Continuation of hearing complain before inappropriate body – Matter Statute-Barred – Sufficient interest – Alternative Remedy available – Section 37 of the Education Act – Appellate Procedure – Application for Judicial Review fails.

Administration of Estate – Probate Law - Interpretation of a Will – Intention of Testator – Expressed or Implied Intention - Read Will as a whole – Ordinary meaning of words/phrases – Words/Phrases used in a different sense - Court not to rewrite Will or improve upon – No speculation – Presumption against Intestacy – Residuary clause – Partial Intestacy – Intestates’ Estates and Property Charges Act.

Negligence – Motor Vehicle Collision – Manslaughter Charge – Dangerous Driving - Fatal Accident – Damages – Loss of Earnings – Special Damages – Funeral Expenses - Fatal Accidents Act – Law Reform (Miscellaneous Provisions) Act.

Recovery of Attorney’s costs – Contingency Agreement - Application for an Interim Declaration – Application for a Charging Order - Solicitors Act – Part 48 of Civil Procedure Rules – Section 28D of the Judicature (Supreme Court) Act - Whether Charging Order and/or Interim Declaration can be granted in the circumstances – Abridgement of time to hear application – Does the circumstances warrant an abridgment of time – Application for Interim Declaration granted – Application for a Charging Order refused – Application for Abridgement of time refused.

Judicial Review – Application for leave to apply for Judicial Review – Breach of Natural Justice – Fair Hearing – Remedies – Mandamus – Reinstatement of Probationary Officer – Usurpation of Statutory Authority – Sparing exercise of Court’s discretion to reinstate – Conflict of evidence between Parties - Public interest element – Mandamus imposed where there is a clear duty and not mere discretion – Promptness of Application for leave – Delay – Whether there is a good reason for Delay – Arguable ground with a Real Prospect of Success.

Breach of Contract – Oral Agreement for sale and purchase of Motorcar – Recovery of sum due and owing – Interest at Commercial Bank Rate - Beneficial and Legal owner - Counterclaim – Failure of Consideration – Rental Arrears – Insufficient evidence – No receipt of payment - No date of payment – Substantial deprivation of Benefits – Least difficulty or embarrassment caused by burden – Proof of positive proposition preferred than negative proposition – Judgment for the Claimant.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN EQLUTY
SUIT NO. E. 391 OF 1994
BETWEEN LISA WONG 1 ST PLAINTIFF
JOANNE BLACKBERRY 2ND PLAINTIFF
JODI. WONG 3RD PLAINTIFF
CHRISTINE WONG 4TH PLAINTIFF
RICHARD CHONG 5TH PLAINTIFF
DONOVAN WONG 6" PLAINTIFF
AND PHILLIP SAMMS DEFENDANT
Mr. Michael Hylton, Q.C. and Mrs. Michelle
Charnpagnie instructed by Myers, Fletcher &
Gordon for Plaintiffs
Mr. Leon Green and Kayann Anderson for the Defendants
ENQUIRY PURSUANT TO CONSENT ORDER
In Chambers