2023

Injunction – Application for the grant of an injunction – Threshold test – Whether there is a serious issue to be tried – Balance of convenience – Whether the balance of convenience lies in favour of the grant of injunctive relief – Irreparable harm – Whether the applicants would suffer irreparable harm should the application for the grant of an injunction be refused – Whether the respondents would suffer irreparable harm should the application for the grant of an injunction be allowed – Application for the grant of an injunction made against the background of a constitutional claim challen

Application for leave to appeal and for stay of proceedings – Relevant
considerations – Real prospect of success – Risk of injustice – Factors determining application for leave to apply and grant of stay

Negligence - Occupiers Liability - Quantum of damages.

Contempt of Court – Breach of order to return items - Party in breach acting on
advice of attorney-at-law - Whether a defence - Whether a mitigating factor - Purpose
of sanction for “civil” contempt - Appropriate fine - Observations on applicability of
authorities from other jurisdictions.

Judicial Review - Whether amended fixed date claim filed without leave permissible at trial – Whether building permit granted during COVID-19 considered emergency– Whether grant of conditional planning and environmental permits ultra vires – Whether conditional grant of environmental and planning permits subject to judicial review - Interpretation of section 20 Building Act 2018 - Kingston and St. Andrew Building (Notices and Objections) Regulations 1938 - Town and Country Planning Act 1958 - Natural Resources Conservation Authority Act 1991 - Town and Country Planning (Kingston and St.

Civil Practice & Procedure - Joint Venture – Restitution – Unjust Enrichment – Money had and received – Equitable mortgage – Creation of an equitable mortgage – Breach of Contract – Available Remedies – Damages – Compounded Interest