The Hon. Mr. Justice Kissock Laing

Wong Sam, Dorrett v Jamaica Redevelopment Foundation Inc.

Mortgage – Whether exercise of statutory power of sale is subject to the Limitation of Actions Act
Evidence – Without prejudice communication – Principles - Whether communication containing clear admission of debt excluded
Witness statement – Whether witness who does not identity her purported witness statement may be permitted to give viva voce evidence

Lawrence, Gertude v Lawrence, Joseph

Civil procedure - Consent order - Application to enforce - Whether death of applicant seven months after order a supervening event which undermined or invalidated the basis on which the consent order was entered into Evidence - Determining the underlying assumption or basis on which a consent order was entered into - Whether conduct of respondent in devising property to children by will sufficient evidence to determine the underlying assumption or basis of consent order

St. Catherine Co-operative Credit Union Limited v Rhule Herman et al

Civil Procedure - Application for stay of proceedings - Principles to be applied Mortgage – Whether foreclosure proceedings can be reopened – Whether difference between value of foreclosed property and mortgage debt and/or special value of land to mortgagor sufficient factors.

Dunbar, Millard v St. Catherine Co-operative Credit Union Ltd.

Mortgage - Foreclosure - Whether notice of foreclosure sent by registered letter
must actually be received by the addressee for the service to be valid
Contract - Formation - Agreement to negotiate - Whether binding contract
Unjust enrichment - Whether proper exercise of right to foreclose can amount to
unjust enrichment

Lawrence-Austin, Carol Ann v The Assets Recovery Agency

Civil Procedure - Stay of proceedings - Principles to be applied - Exercise of Court’s discretion and balancing of competing interests of the parties - Whether risk of inconsistent judgments can provide a basis for a stay

Lachman, Aston v Surrey Paving and Aggregate Company Limited

Contract – Oral – Terms – Whether contract for the sharing of earnings provided for sharing of retention payments
Evidence – Hearsay rule – Corporate entity - Whether a witness repeating information from a fellow employee as to the terms of an agreement he made offends the hearsay rule

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