Senior, Kenton v Walker, Joan Guy
Application for leave to apply for judicial review - Immigration Officer placed on interdiction – Whether improper delegation of authority – Whether there was one continuous illegal act against which time did not begin to run - Subjective state of
mind of the applicant, and his decision to delay challenge not relevant to the application of rule 56.6(1) - An act does not extend over a period simply because the act has ‘continuing consequences’ - Delay bars grant of leave - Threshold test
failed.
Part 56 Civil Procedure Rules
Bellegarde, (Executrix, Executrix Estate Lloyd Winston Wilson, deceased) v Lewis, Donovan and Ideal Betting Company Limited
Company Law – Oppression – Breach of Reasonable Expectation –– Fraud – Directors’ duties – Breaches of Articles of Association and Companies Act –
Shareholders’ remedies - Companies Act, 1965, Section 213A Companies Act, 2004
Edwards, Rick v Director of Public Prosecutions
Appeal – Bail - Appeal from refusal by Parish Judge – Statutory interpretation – Strength of case against defendant – Good faith - Duty on Appellant – Meaning of sufficient cause – Constitutional provisions conferring entitlement to bail.
Durrant, Tenroy v The Commissioner of Police and Assistant Commissioner of Police
Administrative Law - Judicial review - Whether delay bars grant of relief – Decision of Commissioner of Police not to confirm Constable on probation - Statutory Interpretation of The Police Service Regulations - Natural Justice -Meaning of show cause - Date of impugned decision is the date time begins to run - Deeming provision applies if Commissioner fails to act Jamaica Constabulary Force Act, section 3(2)(a), The Police Service Regulations, 1961, Regulations 24(6)(a), (b), Civil Procedure Rules 56.6(7), (3)
Spectrum Insurance Brokers Limited v The Industrial Disputes Tribunal and Mr. Laurel Smith
Judicial Review – Redundancy – Whether the Industrial Disputes Tribunal has jurisdiction over an industrial dispute concerning termination by way of
redundancy when referral by the Minister of Labour uncontested
Labour Relations and Industrial Disputes Act, Employment (Termination And
Redundancy Payments) Act
Civil Procedure Rules, 56.2(1), 56.2(2)(a)
Jamaica Redevelopment Foundation Inc. v The Attorney General of Jamaica and Industrial Disputes Tribunal
Constitutional Law – Separation of Powers – Right to due process – Whether
breach of the right to a fair hearing – Whether as presently constituted the
Industrial Disputes Tribunal is an independent and impartial authority
Constitution of Jamaica (Order in Council), 1962, sections 7(2), 8(2) - Charter of
Fundamental Rights and Freedoms, section 16(2) - Labour Relations and Industrial
Disputes Act, sections 7(2) and 8 (2)(c), Second Schedule, sections 1, 2, 3, 4 and 7.
Samuels, Jason v ATL Automotive Limited
Sale of Goods – New car – Implied condition as to fitness for purpose – Implied
condition as to merchantable quality – Whether fraudulent misrepresentation –
Repairs under manufacturer’s warranty – Acceptance by buyer – Application of the
provision – Specific article - Sales of Goods Act, sections 2, 12, 15, 35, 60.
Williams, Susan trading as Susan Williams Interior Design, Samanth Wates and Kurt Chin trading as Chin's Hardware and Prince Palmer trading as Palmer's Unique Furniture Manufacturing et al v JTC-32 LLc, Mr. Guo Zhong and Mrs. Dazhun Zhang
Commercial Law - Building Contract for luxury villa – Breach of Contract – Whether
Unjust Enrichment - Quantum Meruit – Whether Collateral Contract – Defective work
Williams, Susan trading as Susan Williams Interior Design, Samanth Wates and Kurt Chin trading as Chin's Hardware et al v JTC-32 LLc, Mr. Guo Zhong and Mrs. Dazhun Zhang
Commercial Law - Building Contract for luxury villa– Breach of Contract – Whether
Unjust Enrichment - Quantum Meruit – Whether Collateral Contract – Defective
work – Cost
Bonus Parts Accessories & Auto Imports Limtied v Dunn, Ian
Default Judgment - Extension of time - Whether evidence is required for entry of default judgment under rule 12.10(4) – Assessment of particulars of claim.
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