Associated Gospel Assembles v Jamaica Co-operative Credit Union League Limited and Registrar of Titles
Application for ex parte injunctive relief - Whether hearing held ex parte or inter partes – Property dispute – Registered title – Circumstances in which injunctive relief granted on inter partes hearing may be discharged – Effect of sections 68, 70, 71 and 162 of Registration of Titles Act – Indefeasibility of Title.
Cable and Wireless Jamaica Limited v Abrahams, Eric Jason
Company Law – Section 206 of the Companies Act - Scheme of Arrangement- Duty of court - Whether the Scheme of Arrangement is fair –Whether meeting to consider scheme properly constituted – Whether class or interest of shareholders relevant - Pending application to bring derivative action - Whether court should sanction the Scheme of Arrangement- Whether application to approve scheme should be stayed until after application for permission to bring derivative action is heard-Whether attorney who filed affidavit should appear as counsel.
Rodriques, Sheneka v Employee Benefits Administrator Limited
Pension scheme interpretation of rules of pension scheme - Whether words
“with each child not receiving more than 25%” applies when there is only one child - Delay in payment - Whether trustee liable to pay compensation.
Chung, Gloria; Chung, Amanda and Chung, Mark v Chung, Michael and Mikol Investments Limited
Application for directions - Liberty to apply – Companies Act - Unfair prejudice claim- Costs order - Whether 2nd Defendant company to pay for expert forensic audit report and valuation – Whether Claimants to share costs - Whether costs to follow the event.
A1 Limited v Abrahams, Mary Grace
Application for stay of execution pending appeal – Application for removal of caveat - Application to strike out claim – Whether issue estoppel or res judicata – Judge reached age of retirement prior to delivery of judgment- Whether real prospect of success on appeal- Stare decisis - Whether Supreme Court bound by decision of court of appeal- Whether real risk of injustice if stay refused.
Patterson, Vernal Ernest v Nelson Patterson, Millicent Ann
Presumption that joint equitable ownership flows from joint legal ownership – Rebuttal of presumption a heavy burden but can be displaced by showing a different common intention – Common intention to be deduced objectively from parties words and conduct – The court should consider what is fair having regard to the whole course of dealing between the parties in instances where the intended shares are uncertain – Factors to consider in determining common intention include financial contribution and the purpose for which the property was acquired – Occupation rent – Central consideration is fo
Knowles, Neville, JNR (Administrator of the estate of Neville Knowles) v South East Regional Health Authority
Negligence - Medical negligence - Law Reform (Miscellaneous Provisions) Act - Fatal Accidents Act.
Supreme Ventures Limited v Jabobs, Verna Andria (ta Jacob;s Enterprise Limited)
Contract - Breach of Contract - Agent’s failure to pay sum due under a contract
Evidence - Whether sufficient evidence of the integrity of the system which is being relied upon to establish debt
Defamation - Whether sufficient evidence adduced on counterclaim
Harley, Doreen v Harley, Norman and Jamaica Redevelopment Foundation Inc.
Civil Procedure - Joinder of party – Whether mortgagee should be joined on an application to restrain the registrar of lands from registering an order foreclosure.
Statutory Interpretation – Whether there is a requirement under section 119 of the Registration of Titles Act for a caveator claiming a beneficial interest to be served with a notice of intention to make an application for foreclosure – Whether there is a requirement for such a notice if the caveat is based on a beneficial interest awarded by the court.
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