The Hon. Miss Justice Carol Edwards

City Properties Limited v New Era Finance Limited

Landlord and tenant - Agreement for a lease - Draft lease not executed as some terms were found objectionable by the tenant - Parties operating under the agreed terms of the draft lease - Claim by lessor for rent and outstanding maintenance - Whether maintenance properly charged to the tenant as additional rent - Whether tenant obliged to pay insurance and depreciation on the buildi

Ocean Chimo Ltd v Royal Bank (Jamaica) Ltd (RBC), Royal Bank (T & T) Ltd (RBC), Royal Bank of Canada et al Between Howell. Delroy, Royal Bank of Canada and Billard, Samuel et al

Civil Procedure and practice - Application for summary judgment - Whether application notice complies with the rules - Whether failure to comply with the requirements of the rules in the notice fatal to the application - Whether a claim with disputed -   Facts and voluminous pleadings is amenable to summary judgment - Whehter issues narrow regardless of volume of documents  - Part 15, Rule 15.4 and 15.2 of Civil Procedure Rules - Agency - Claim against bank employees and agents for negligence - Conspiracy, fraud and breach of fiduciary duty - Whether such as claim against employess and agen

Alcoa Minerals of Jamaica v The Industrial Dispute Tribunal and Union of Technical Administrative and Supervisory Personnel

Judicial review - Application for certiorari - Review of award made by the Industrial Disputes Tribunal - Duties and powers of Tribunal - Power of the court on review - Meaning of unjustifiable dismissal - Whether the tribunal applied the correct legal test - Whether tribunal failed to take into account relevant considerations - Whether procedure for dismissal unfair - Whether tribunal failed to consider total procedure - Whether errors of law were made - Finality of findings of fact - Industrial Disputes Tribunnal - Unjustifiable dismissal - Discretion to order - reinstatement - Whether di

The Proprietors Strata Plan No. 305 v Greater Works International Fellowship and Young, Anthony and Joy

Real porperty - Strata title - By-Laws restricting user to office or shops - Whether church operation in the mall has resulted in unreasonable interference with use and enjoyment of common areas by other proprietors - Complaints that church causing noise and other nuisance - Continuing breach of covenant using shops as a church - Continuing disputes over parking spaces and noise - Strata run by corporation - Whether there was acquiescence to the breaches by the executive management committee - Whether complaint now deprived of right to enforce the by-laws - Whetehr injunctive relief unjust

Christian, Glenford and Christian, Marva v Westar International Limited, Campbell, Rylant T; Finzi, Winston and First Caribbean International Bank (Jamaica) Limited et al AND Westar International Ltd. et al

Civil Procedure - Applications for court orders - Applications made pursuant to liberty to apply clause in a consent order - Whether application for disclosure and verification of sums a variation of the consent order - No requirement for disclosure or verification in the relevant paragraph of the consent order - Whether the liberty to apply clause may be used for such applications - No fraud, misrepresentation or change of circumstances.

 

Murray, George and Murray, Karin v Petros, Sam

Application to strike out  - Whether claim frivolous, vexatious and an abuse of the process of the court - Whether any reasonable grounds for bringing the claim - Parties in previous litigation - Claim compromised and agreement attached in schedule to Tomlin Order filed in court – Terms varied by the parties - Court refused to exercise summary jurisdiction to enforce Tomlin Order - Whether current claim an attempt to enforce original agreement - Whether claim sustainable to prosecute new agreement as varied.

 

Ocean Chimo Limited v Royal Bank (Jamaica) Ltd (RBC) et al

Company – Claim brought by company directors against debenture holders - Company later placed in receivership – Appointment of receiver by debenture holders - Directors continuing claim without consent of receiver – Debenture holders applying to have claim struck out for failing to secure receiver’s consent  - Concurrent power in receiver and directors to bring action in the name of the company - Whether consent of receiver required-whether indemnity necessary if no consent is given - Whether claim should be struck out if no security for costs is provided-applicability of section 388 of Com

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