The Hon. Miss Justice Carol Edwards

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

Green, Cordell v Stewart, Kingsley

 Civil procedure - Mandatory mediation – Mediation agreement entered into by the parties - One party in breach of agreement – No notice of discontinuance filed – No stay of proceedings - Validity of agreement being questioned by one party - Whether original claim can proceed despite agreement  –Whether mediation agreement can only be enforced in fresh proceedings where no order made in terms - Application for directions - Rules 1.1; 26.1, 37, 42, and 74, of the Civil Procedure Rules (CPR) 2002.

D&L H Services Limited, Isandra International Limited v The Attorney General et al

Fire Brignde-Breach of stnt~itoryd uty- Wlzetlzer 0 civil right of action is

conferred or1 tlze clninznnts- Wlzetlzerfjre brigade crzjoys sti~t~~tory

inznzunip-Mennirzg of borzn fide-Neglige~qce -Wl?etlzer C / L L [ ~ qf care owed

/131 t11ef;re brigade- Vicarious liabilitj1- Fire Brignde Act ss (5) (10) (11)

(I 5)-Fire Brigarle Regulatiorzs ss (33) (3 7).


Customer Service

customer complaints image