JMMB Merchang Bank Ltd. v Finzi, Winston and Mahoe Bay Company Ltd.
Injunction - Application to restrain mortgagee exercising power of sale.
O'Connor Reid, Pansy v Reid, Evan
Matrimonial Property - Dissolution of Marriage-Property (Rights of Spouses) Act - 2004 whether residence a “family home” – Whether Claimant entitled to sixty percent share – Whether contribution is enough to displace the equal share rule – Whether shop appurtenant to family home and used wholly or mainly for purposes of household - Declaration as to share in other property.
Mossel (Jamaica) Limited v Cable and Wireless Jamaica Limited et al
Statutory interpretation – Sections 29, 31, 32 and 34 of Telecommunications Act – Interpretation of contract.
Holness, Duke and Holness, Suzanna v Palmyra Resort and Spa Ltd (In receivership) and Palmyra Properties Ltd. (In receivership)
Company law – Receivership - Whether directors need leave to apply to set aside default judgment – Derivative action - Whether directors should indemnify company and on what terms.
Cockings, Herbert Keith v Cockings, Grace Gertrude
Matrimonial Property - Claim for 50% share in house and land -Limitation of Actions Act - Whether property rights extinguished - Severance of joint - Tenancy - Effect of unregistered transfer of title -Illegal purpose of transfer - Whether illegality a bar to resulting trust.
Director of State Proceedings v The Industrial Disputes Tribunal ex parte Juici Beef
Judicial Review – Labour Relations & Industrial Disputes Act – Decision of Industrial Disputes Tribunal – Whether Dismissal Justifiable – Whether Fair Hearing Required if Gross Misconduct Established – Relevance of Industrial Relations Code where there is gross misconduct
Murray, George and Murray, Karin v Petros, Sam
Application to strike out - Whether claim frivolous, vexatious and an abuse of the process of the court - Whether any reasonable grounds for bringing the claim - Parties in previous litigation - Claim compromised and agreement attached in schedule to Tomlin Order filed in court – Terms varied by the parties - Court refused to exercise summary jurisdiction to enforce Tomlin Order - Whether current claim an attempt to enforce original agreement - Whether claim sustainable to prosecute new agreement as varied.
Ocean Chimo Limited v Royal Bank (Jamaica) Ltd (RBC) et al
Company – Claim brought by company directors against debenture holders - Company later placed in receivership – Appointment of receiver by debenture holders - Directors continuing claim without consent of receiver – Debenture holders applying to have claim struck out for failing to secure receiver’s consent - Concurrent power in receiver and directors to bring action in the name of the company - Whether consent of receiver required-whether indemnity necessary if no consent is given - Whether claim should be struck out if no security for costs is provided-applicability of section 388 o
Scott, Clarence v Ricketts, Ruby (O/C Ronj Walker)
Claim for interest in the land – Registered land – Equitable estoppels – Whether
transfer defeated equitable claim.
Regina v Stewart, Joseph
Appeal - Appeal from refusal by Resident Magistrate - Principles applicable - Reasons for refusal
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