Insurance Law – Whether failure to disclose the use of a motor vehicle amounts to misrepresentation and/or non-disclosure of material facts – Breach of warranty of contract – Avoidance of policy of insurance by Insurer – The Motor Vehicles Insurance (Third-Party Risks) Act, section 18.
Matrimonial Property – Division of matrimonial properties – Parties registered as joint tenants of properties – Properties acquired during the marriage – Whether one property is the family home – Variation of the equal share rule – Whether parties entitled to equal share of the beneficial interest in the other property – Property (Rights of Spouses) Act sections 6, 7, 13, 14 and 15
Equity – Constructive and Resulting Trusts – Joint Tenancy – One Joint Tenant deceased – Legal proceedings commenced by deceased Joint Tenant before his death to sever joint tenancy – Spouse of deceased joint tenant claiming beneficial interest in property – Civil Procedure Rules 27.2 (8).
Insurance Law – Whether failure to disclose previous accident amounts to misrepresentation and/or non-disclosure of material facts – Breach of warranty of contract – Avoidance of policy by Insurer – Whether insurance broker is the agent of the insurance company
Civil Procedure Application to withdraw admission – Whether an admission was made – Whether admission should be withdrawn – Whether judgment on admission is to be set aside – Civil Procedure Rules 1.1, 1.2, 14.1(6)
Judicial Review - Application for leave – Orders of Certiorari and Prohibition - Threshold Test – Whether sub-franchise fee imposed by JUTC is ultra vires – Whether JUTC is regulating public passenger transportation - Civil Procedure Rules Part 56
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
SUIT NO. E256 OF 1998
BETWEEN CHRISTINE SHAW APPLICANT
A N D NATIONAL COMMERCIAL BANK lSTR ESPONDENT
A N D THE ADMINISTRATOR GENERAL 2ND RESPONDENT
Mrs. Antoinette Haughton Cardenas and Mr. Kevin Williams, instructed by
Haughton and Associates for Applicant
Mrs. Lana Smith for the lSRt espondent
Andrew Gyles for the 2nd Respondent -
Heard: January 23 and April 19,2001
Ivina Henry, who was also known as Ivina White, was the aunt of the Applicant.