Baldwin, Merle v Featherbed Farms Limited, The Registrar of Companies and Patricia Gordon
Company law – Allotment of shares – Removal of director – Oppressive and unfairly Prejudicial conduct – Rectification – Laches
Williams, Dinsdale v Wallace, Opal, Century Sales 2020 Limited, KB Sitroff Financial Services Limited and Danyielle Donaldson
Contempt of court - Whether order ambiguous – Whether order breached - Whether imprisonment appropriate sanction – Considerations for imposing Imprisonment
Carren Limited v Quest Security Services Limited
Rules 5.7, 5.19, 8.16, 12.4, 13.2, 26.9, 42.6, 45.2, 46.4 and 47.2 of the Civil Procedure Rules, 2002 – Section 387 of the Companies Act - Whether Default Judgment was irregularly obtained - Whether the Claimant’s Order for Seizure & Sale can be set aside after execution
Chin, Winston v Car-Cara Development, Can-Cara Environment Limited, the Minister of Transport Works and Housing and the Attorney General of Jamaica
Section 13 (3) (l) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 – Whether the right has been engaged – Breach of contract – Assessment of damages for breach of contract – Private nuisance – What is the remedy in damages for a claim in private nuisance.
Knott, Aleisha v Myrie, Copeland
Breach of Contract - Whether the Defendant is liable for failing to complete the modification of the unfinished building - Whether the Claimant breached the contract for failing to pay the Defendant in a timely manner - Whether the Defendant is in breach of the contract for leaving the work site - Whether the Defendant should be compensated for additional works.
CC v Rex
Criminology – Detention – Review of Inmate Held at the Governor General’s Pleasure – Mentally Disordered Applicant – Applicant Deemed Detained at the Court’s Pleasure – Jurisdiction of the Court to Review Detention – Whether Applicant should be released unconditionally
Anikwue, Monique Ifeoma Elizabeth v DCR Hardware and Construction Ltd
Application for interlocutory injunction - Whether there is a serious issue to be tried – Whether damages are adequate – Whether the application is in the nature of a permanent injunction - Whether an injunction can be granted at the interlocutory stage where there is no claim for permanent injunction in the Claim - Whether it is necessary to make a distinction between mandatory and prohibitory injunction - (Rule 17 of the Supreme Court Civil Procedure Rules, 2006.)
Stewart, Seymour v Nkrumah, Nkosana Naim
Injunction – Application for Interlocutory Injunction – Whether there is a Serious Issue to be Tried – Whether or not the Balance of Convenience Rests with the Claimant.
Money Lenders Act – Whether the Act Applies to this Loan – Whether Defendant’s
Lending is Incidental to his Main Business – Whether Loan Agreement and Security are Enforceable – Whether Court Should Exercise its Discretion Under s. 8(3) of the Act
Smith, Sonia and Donovan McKenzie et al v The Council of the Kingston and St. Andrew Municipal Corporation, The Kingston and St. Andrew Municipal Corporation et al
Application for leave to appeal – Relevant Test – Rule 1.8(9) CAR - Judicial Review – Part 56 CPR - Lapse of Time – Whether there can be a second application for judicial review – Is a second application the same as a renewal
DCL Castles & Cottages Development Limited v Skyscrapers Builders Limited
Arbitration Act 2017 - Application to set aside arbitral awards - Whether there are two final awards - Whether there is a partial award and a final award – Whether the cost award is an amendment to the merits award –section 55 (3) of the Arbitration Act 2017 - Whether time to set aside the awards has expired section 49 of the Arbitration Act - Whether time can be extended under section 55(3) of the Arbitration Act 2017- UNCITRAL Model Law - Jamaica International Arbitration Centre (JIAC) Fast Track Rules – Whether a cost award can be set aside in the face of Article 14 (2) of the Jamaica In