Brown, Miltion trading as Karnack Hardware v The Commissioner General (formerly the Commissioner of Taxpayer Appeals)
Revenue Appeal – Time within which to bring appeal expired- Whether extension of time to file appeal should be granted- Principles to be considered for such a grant
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.
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.
Minott, Donovan v Nevins, Norvel Dervin; Nevins, Chenley and Reid, Oswald
Civil Procedure - Application to Strike out Ancillary Claim - Whether Ancillary Claim Statute Barred - CPR Rule 18 - Whether Ancillary claim filed in keeping with the Relevant Rules - Summary Judgment - CPR Rule15 -Test to be applied
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.
Lunan, Ian v Sudine, Rohan
Tenancy agreement – Periodic tenancy – Notice to quit – Re – entry by landlord onto leased premises – Failure of tenant to end occupation of leased premises – Claim for damages for breach of contract and damages for lost opportunity – whether there was a breach of contract by the parties – Failure by claimant to comply with terms of lease – Failure by defendant to comply with terms of lease – Proof of special damages
JN General Insurance v Fairweather, Debbie-Ann
Insurance - Whether material non - disclosure - Whether insurer can avoid policy - Clause stated to be basis of contract
Commissioner of the Independent Commission of Investigations v The Commissioner of the Jamaica Constabulary Force
Statutory interpretation - Whether Independent Commissioner can obtain documents under any of those provisions - Independent Commission of Investigations Act - Interpretation Act S. 4, 12 and 21 of the Statute
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.
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