IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

PI023 of 2001

IN THE MATTER OF THE

ESTATE OF FREDERICK

BARNET BROWN deceased; and

of an application for the

directions of the Court under

section 39 of the Administrator

MI'S Act

< '

/ . IN CHAMBERS

Ernest Davis for the trustees ->

Sonja Anderson for the Administrator 6ewral of Jamaica

August 3, 2006 and January 15, 2007

APPLICATION TO REMOVE TRUSTEES AND APPOINT ADMINISTRATOR GENERAL

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)

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA & IN THE CIVIL OIVISION Y kDe

CLAIM NO. 2008 HCV 00118

BETWEEN O U W CORP UMITEb CLAIMANT

AND NATIONAL COMMERCIAL BANK DEFENDANT

JAMAICA LIMIT6D

I

IN CHAMBERS

Huntley Watson instructed by Watson and Watson for the claimant

The Hon. Michael Hylton 0. J., Q.C. and Carlene Larmond instructed by

Michael Hylton and Associates

bECEMBER 18 and 22, 2008

APPLICATION TO DISCONTINUE CLAIM - RULES 1.1, 1.2, 37.2 (I),

JUDICIAL REVIEW - LEGITIMATE EXPECTATIONS - FAIR HEARING

– MANDAMUS – CERTIORARI - UNREASONABLENESS - PRECEDENT

FACT – DAMAGES IN ADMINISTRATIVE LAW - EDUCATION ACT

1965 - EDUCATION REGULATION 1980 - EXAMINATION CHEATING

- EXERCISE OF DISCRETION

ARBITRATION - POWER TO REMIT MATTER TO THE ARBITRATOR -

SECTIONS 8 (b), (c) AND 11 (1) OF THE ARBITRATION ACT, 1900

(JAM) - SECTIONS 5 AND 8 OF THE COMMON LAW PROCEDURE

ACT, 1854 - SECTION 10 (1) OF THE ARBITRATION ACT 1889 (UK) -

SECTION 22 (1) OF THE ARBITRATION ACT 1950 (UK)

DIVISION OF PROPERTY - PRESUMPTION OF

ADVANCEMENT - RESULTING TRUST - CONSTRUCTIVE

TRUST - COMMON INTENTION - ACTS AMOUNTING TO

ACTING ON COMMON INTENTION - SECTIONS 7 AND 8

OF THE STATUTE OF FRAUDS - MARRIED WOMEN'S

PROPERTY ACT - PROPERTY (RIGHTS OF SPOUSES) ACT -

POWER OF JUDGE TO REVISIT DECISION BEFORE

PERFECTION OF ORDER.

Application for summary return of child - Factors to be considered - Whether summary return is in the best interest of the child.

Freezing order - Application to discharge freezing order - Damages for breach of contract - Remoteness of damage - Difference in measure of damages between contract and torn - Rule in Hadley v Baxendale.

Redundancy payments - Whether there was contract between employer and employee on calculation of redundancy payments.

Application to strike out claim - Defamation - Libel - Legal profession privilege - Legal advice privilege - Litigation privilege - Whether legal porfessional privilege defence to defamation - Boundaries of legal professional privilege - Proportionality under the Civil Procedure Rules - Abuse of process.