Trust – Presumed resulting trust – Couple in intimate relationship – Real property bought in both their names as tenants in common – Woman providing the entire
purchase money – Man alleging that house bought as a gift to him - Whether resulting trust arises
Equity – Presumption of advancement – Whether applicable to lovers – Whether statements by woman created a case of proprietary estoppel - Woman’s intention at the time of incurring expenditure – Whether man relying on representations by woman - Whether equitable interest created thereby.
 

Husband and Wife – Property division – Husband sending money to wife at her request for various matters – He sent the money to her to “take care ofbusiness” – Whether remittances secured an interest in the wife’s business enterprise or a motor car or other chattels purchased by the wife – Whethersale of the business enterprise precludes the court from making an order concerning same.

Civil Procedure – Summary judgment – Company holding trust monies - Company

alleging that trust monies improperly removed from the its control or improperly

invested by directors – Company’s trust money loaned to or invested in companies

in which its directors have an interest - Claim against directors for recovery of those

monies and for damages for breach of fiduciary duty – Directors averring that

Trespass to land and chattels – Tenant subletting to another – Tenant vacating property

and delivering possession to landlord – Landlord clearing property – Whether trespass to

sub-tenant’s chattels therein

Civil Procedure - Costs - Application for permission to tax costs immediately -

Application for costs on an indemnity basis - Application for special costs certificate

- CPR rr. 64.6,64.12,65.15,65.16 and 65.17.

Civil Procedure - Application for injunction – Application to prevent mortgagee

from exercising powers of sale contained in a mortgage – Mortgage granted to

secure guarantee – Mortgagor alleging no longer bound by guarantee - Whether

damages are an adequate remedy - Whether mortgagee should be restrained

Interception of Communications – Warrant issued for interception -

Application to unseal application for warrant – Information used in the

application required for preparation of defence in criminal prosecution –

Information otherwise available - Principles governing consideration of the

application – Constitution of Jamaica s. 16 (6) - Interception of

Communication Act ss. 3, 4, 5, 14 and 17

Negligence – Construction of dyke as foundation for a railway line – Dyke having provision for a

river to pass under the line through culverts – Unusually heavy rainfall – Flooding of lands upstream

from the dyke – Whether culverts inadequate - Whether owner of dyke negligent

Civil Procedure – Costs – Default costs certificate – Application to set aside –

Registrar signing default costs certificate after the filing of the points of dispute – No

evidence of service of the points of dispute – Whether receiving party entitled to

Civil Procedure – Application to substitute claimant – Assets of original claimant

acquired by applicant – Applicant has since transferred the interest which it

acquired - Counterclaim existing against original claimant – Counterclaiming

defendant not interested in pursuing the counterclaim against original claimant or

applicant - Whether applicant ought to be substituted – Whether original claimant