The Hon. Mr. Justice Lennox Campbell

Gorstew Limited v Shelly-Williams, Her Hon. Lorna, Patrick Lynch, Pyne, Jeffrey and Barber, Catherine2

Judicial Review – Renewal of application for leave to apply for judicial review – Whether there is an arguable ground for judicial review with a realistic prospect of success – Whether Resident Magistrate erred in upholding no case submission – Whether decision of Resident Magistrate unreasonable in a Wednesbury sense – Whether order of Certiorari should be granted quashing decision of Resident Magistrate – Whether alternative remedy exists – Whether Declaration amounts to adequate alternative remedy – Whether declaration sought would have same effect as order for certiorari - Costs

Bennett, Winsome v The Minister of Finance, The Jamaica Constabulary Force and The Attorney General of Jamaica

Declaration for entitlement to widow’s pension – Section 62 of the Constabulary Force Act – Whether the Claimant is entitled to widow’s pension – Whether a widow is a person legally married to the deceased – Status of Children Act - Equality of children regardless of parents being married - Reformative legislations – Shift from Literal Statutory Interpretation - Purposive approach in Statutory Interpretation - Spouse include unmarried persons in common law unions – The ordinary meaning and popular sense of the word widow include a common law spouse.

Green, Noel v Garbage Disposal & Sanitation Systems Limited Consolidated with Lowe, Laureston v Garbage Disposal & Sanitation Limited et al

Civil Procedure - Application to strike out Defendant’s Statement of Case – Non-compliance with Case Management Conference Orders – Documents filed outside of the prescribed time – Defendant’s Application for Relief from Sanctions - Application not made promptly – No Good Explanation for Delay after filing the Witness Statement and Summary – Delay Unintentional – Whether in the circumstances the Defendant’s Statement of Case should be struck.

Daley-Edwards, Olivine and Edwards, Lloyd v Resident Magistrate for Parish of St. Catherine, Her Honour Mrs. S. Wolfe-Reece, The Attorney General of Jamaica et al

Administrative Law – Judicial Review – Application for leave to apply for Judicial Review – Order of Certiorari to remove to Supreme Court and to quash the Formal Order of the Learned Magistrate – Order of Possession – Eviction from premises – Warrant of Possession - Order of Mandamus to restore Possession – Declaration that Formal Order was obtained by frauds and/ or illegally – Injunction – Damages.

Nelson, Tivy Austin v Nelson, Melva Evadne

Entitlement to Property – Intestacy – Joint Property – Application seeking Court’s Intervention and Direction – Presumption of Death Order – Application to set aside Presumption of Death Order – Whether the Presumption of Death Order is a Final Order or Interlocutory Order – Application seeking Beneficial Interest in Estate – Declaration of Legal Spouse – Entitlement to apply for Grant of Letters of Administration – Application to set aside Presumption of Death Order refused.

Haughton, Monica v Personnel Committee of The Board of Management of Liberty Hill Primary School, Ministry of Education and Attorney General of Jamaica

Judicial Review - Application for leave to apply for Judicial Review - Allegations of Professional Misconduct - Breach of Financial Administration and Auditing Act - Education Act – Education Regulations - Whether there is an arguable case with a realistic prospect of success - Continuation of hearing complain before inappropriate body – Matter Statute-Barred – Sufficient interest – Alternative Remedy available – Section 37 of the Education Act – Appellate Procedure – Application for Judicial Review fails.

Buchanan, Roy; Buchanan Trusty, Erica and Buchanan, Kevin v Hall, Jean (Executrix of the estate of Ulysses Jabez Buchanan, deceased)

Administration of Estate – Probate Law - Interpretation of a Will – Intention of Testator – Expressed or Implied Intention - Read Will as a whole – Ordinary meaning of words/phrases – Words/Phrases used in a different sense - Court not to rewrite Will or improve upon – No speculation – Presumption against Intestacy – Residuary clause – Partial Intestacy – Intestates’ Estates and Property Charges Act.


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