Green, Noel v Garbage Disposal & Sanitation Systems Limited Consolidated with Lowe, Laureston v Garbage Disposal & Sanitation Limited et al
Civil Procedure - Application to strike out Defendant’s Statement of Case – Non-compliance with Case Management Conference Orders – Documents filed outside of the prescribed time – Defendant’s Application for Relief from Sanctions - Application not made promptly – No Good Explanation for Delay after filing the Witness Statement and Summary – Delay Unintentional – Whether in the circumstances the Defendant’s Statement of Case should be struck.
Daley-Edwards, Olivine and Edwards, Lloyd v Resident Magistrate for Parish of St. Catherine, Her Honour Mrs. S. Wolfe-Reece, The Attorney General of Jamaica et al
Administrative Law – Judicial Review – Application for leave to apply for Judicial Review – Order of Certiorari to remove to Supreme Court and to quash the Formal Order of the Learned Magistrate – Order of Possession – Eviction from premises – Warrant of Possession - Order of Mandamus to restore Possession – Declaration that Formal Order was obtained by frauds and/ or illegally – Injunction – Damages.
Miller, Vinston (Administrator of the estate of Weston Miller, deceased v Caribbean Producers jamaica Limited and Hillary, Kirk
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.
Nelson, Tivy Austin v Nelson, Melva Evadne
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.
Haughton, Monica v Personnel Committee of The Board of Management of Liberty Hill Primary School, Ministry of Education and Attorney General of Jamaica
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.
Buchanan, Roy; Buchanan Trusty, Erica and Buchanan, Kevin v Hall, Jean (Executrix of the estate of Ulysses Jabez Buchanan, deceased)
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.
Bailey Terrelonge Allen (A firm) v National Transport Co-operative Society Limited
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.
Pine, Miguel v Commissioner of Police
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.
Dunkley, Carlton v Chen, Jeremy and Chen, Lisa
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.
Pagination
- Previous page
- Page 9
- Next page