The Hon. Miss Justice Carol Edwards

Khemlani, Suresh v Topaz Jewellers Limited, Khemlain, Raju, Topaz Investments Limited and Issar Company Limited et al

Loan contract – Monies borrowed for the benefit of interrelated companies – Each company receiving a separate portion of the loan with obligation to repay that portion with interest – Corporate and cross guarantees signed by each company – Separate personal guarantees also provided for the said loan by two individuals – Loan in default – Guarantors called on by the bank to honour the guarantee – Loan repaid by one guarantor – One individual guarantor seeking to claim from the other an indemnity under the guarantee – Whether guarantor obliged to sue the principal debtors first – Whether loan

Weststar International Limited and Campbell, Ryland v Finizi, Winston

Civil practice and procedure – Application to register foreign judgment – Judgment registered by the local court not the correct judgment of the foreign court – Omission in judgment corrected by the foreign court prior to application to register in the local court – Authenticated copy of judgment presented to local court for registration without a copy of the order of amendment – Defendant not applying to set aside the registration of the foreign judgment in the time competent for him to do so – No extension of the time to apply to set aside was applied for or granted within the time compet

Levy, Ian and Levy, Cecelia v Atherton, Julie et al

Contract - Dispute as to nature and validity of contract - Contract referring to loan/eqity - Whether monies advanced was for a loan or an equity investment - Whether the written contract was so ambigious as to call into question the contra proferentem rule - Whether contract in breach of the Moneylending Act.

Contract - Sums paid under an earlier agreement - Later agreement superseding the earlier agreement by incorporating its terms - Whether consideration past.

In Re Damion Black

Trusts - Trust for sale - Application by administrator general for directions regarding the sale of trust property - Duty of administrator general - Independent valuation of trust property commissioned by administrator general - Valuation partially dependent on company’s audited financial statements - Whether there is actual or apparent bias or conflict of interest in the manner in which the audit was conducted to affect the reliability of the valuation - Sections 39, 40, 43 and 44 of the Administrator General’s Act

Morgan's Harbour Ltd (In Receivership) v Lashmont Financial Services Ltd and McClymont, Myles

Insolvency – Convertible debenture – Appointment of joint receiver – Managers by debenture holder – Duty of receiver – Managers to the debenture holder in the exercise of the power of sale under the convertible debenture – Whether receiver – Managers in breach of duty – Termination by the debenture holder of the receiver – Managers at the point of their exercising their power of sale – Whether any basis exist upon which receiver – Managers may refuse to accept termination – Duty of debenture holder – Whether debenture holder in breach of duty – Whether a court of equity can invalidate the t

Jebmed S.R.L v Capital S.P.A Owners of M/V Trading Fabrizia and others Consolidated with Elburg Ship Management v Enterprise Shipping Agency et al

ADMIRALTY CLAIM - CLAIM IN REM AGAINST A SHIP - DEFENDANT ENTERING APPEARANCE AND DEFENDING CLAIM - SHIP UNDER JUDICIAL ARREST BUT NOT BAILED BY OWNER - RENEWED APPLICATION FOR SALE OF SHIP PENDENTE LITE - VALUE OF SHIP FAR EXCEEDS THE CLAIMS AGAINST THE OWNER - WHETHER APPROPRIATE FOR SHIP SHOULD BE SOLD PENDENTE LITE - FACTORS COURT MUST TAKE INTO ACCOUNT - WHETHER COURT BOUND BY PREVIOUS DECISIONS REFUSING APPLICATION FOR SALE PENDENTE LITE - CPR PART 70

Jebmed S.R.L v Capital S.P.A Owners of M/V Trading Fabrizia et al Consolidated with Elburg Ship Management v Enterprise Shipping Agency et al

ADMIRALTY CLAIM-CLAIM IN REM AGAINST A SHIP-SHIP OWNERS ENTERING APPEARANCE-JUDGMENT ENTERED AGAINST SHIP OWNERS IN PERSONAM IN A FOREIGN JURISDICTION-SHIP OWNERS APPLYING TO SET ASIDE JUDGMENT ON GROUNDS OF RES JUDICATA AND ABUSE OF PROCESS OF THE COURT-WHETHER CLAIM SHOULD BE SET ASIDE
ADMIRALTY CLAIM-APPLICATION TO AMEND CLAIM-WHETHER AMENDMENT SHOULD BE REFUSED ON THE BASIS THAT CLAIM IS RES JUDICATA

Alliance Finance Limited v Capital Solution Limited et al

MAREVA INJUNCTION - APPLICATION FOR FREEZING ORDER OVER MONIES HELD BY FINANCIAL INSTITUTION ON BEHALF OF CLIENTS - CLIENT ENTERED INTO AGREEMENT TO ASSIGN BENEFICIAL INTEREST IN SUMS HELD BY FINANCIAL INSTITUTION TO SECOND FINANCIAL INSTITUTION TO WHICH CLIENT IS INDEBTED - SECOND FINANCIAL INSTITUTION CLAIMING TO BE BENEFICIALLY ENTITLED TO SUCH SUMS ASSIGNED - FINANCIAL INSTITUTION REFUSING TO PAY - WHETHER SECOND FINANCIAL INSTITUTION HAS AN ARGUABLE CASE IN TRUSTS - PAYMENTS BEING MADE OUT TO OTHER CLIENTS FROM THE FUND - WHETHER SUCH PAYMENTS QUALIFY AS DISSIPATION OF ASSETS FOR THE P

Pages