Desulme, Jean-Marie v Richard Downer, Everton McDonald, Frederick Taffe

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. 2004 HCV1445

BETWEEN JEAN-MARIE DESULME PLAINTIFF

AND

AND

AND

RICHARD DOWNER 1ST DEFENDANT

EVERTON MCDONALD 2ND DEFENDANT

FREDERICK TAFFE 3RD DEFENDANT

G. Anthony Levy instructed by G. Anthony Levy & Co. for plaintiff.

Derek Jones & Miss Maliaca Wong instructed by Myers Fletcher and Gordon for

defendants

Heard: December 8th 2004 and January 14th 2005

JONES, J.

[I] The high drama that played out at the entrance to Thermo Plastics (Jamaica) Limited

on March 9, 1998, when the company was placed in receivership was riveting in its

own terms. In a curious act of discourtesy, the newly appointed receiverlmanager

Richard Downer refused permission for the existing Managing Director, Jean Marie

Desulme, to enter ,the premises. When the dust settled, Mr. Desulme was relieved of

his responsibility for the management of the cornpany and as a trustee for the

contributory pension scheme established by the company for the benefit of its

employees.

[2] On or about April 27, 1998, Richard Downer appointed himself, Everton McDonald,

and Frederick Taffe as trustees of the employees' pension fund. The investment