Premium Investments Ltd v Jamaica Redevelopment Foundation Inc

Case Number: 
HCV 3632 OF 2007
Date of Delivery: 
11.06.2008

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO HCV 3632 OF 2007

BETWEEN PREMIUM INVESTMENTS LIMITED

(In Liquidation) CLAIMANT

AND JAMAICAN REDEVELOPMENT

FOUNDATION INC DEFENDANT

IN CHAMBERS

Paul Beswick instructed by G. Anthony Levy and Company for the

claimant

Charles Piper and Kanika Tomlinson for the defendant

March 28, May 21, June 9 and 11, 2008

JUDGMENT IN DEFAULT OF DEFENCE – EXTENSION OF TIME

WITHIN WHICH TO FILE DEFENCE – RULES 10.3 (9), 26. 1 (2) (C)

AND 26.8 OF THE CIVIL PROCEDURE RULES – RESTRAINING

MORTGAGEE’S POWER OF SALE - INJUNCTION – MARBELLA

PRINCIPLE – RESTRICTION ON MARBELLA PRINCIPLE – SECTION 33

OF THE LIMITATION OF ACTIONS ACT - WHETHER LIQUIDATOR

CAN ACKNOWLEDGE DEBT WHICH MAY BE STATUTE BARRED ON

BEHALF OF COMPANY– WHETHER DIRECTOR’S SIGNATURE ON

FINANCIAL STATEMENTS IS ACKNOWLEDGEMENT OF DEBT –

WHETHER SIGNATURE OF DIRECTORS ON FINANCIAL

STATEMENTS IS AN ACKNOWLEDGEMENT OF DEBT -

SYKES J.

1. A number of applications is before the court in this matter. The

applications are:

a. an application by Jamaican Redevelopment

Foundation Inc (JRF) to extend time within which to

file the defence and to permit affidavits filed so far

on its behalf to stand as a defence;

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