2010

Simpson, Albert v Island Resources Limited

Damage to tenant's property - Cause of damage - Whether as a result of landlord's default - Security deposit - Whether a 'premium' within the medaning of the Rent Restriction Act.

Baker, Shaun v Brown, O’Brian and Scott-Smith, Angella

Limitation of actions - Appliction for extension of time to file claim in negligence - Law Reform (Miscellaneous Provisions) Act - Fatal Accident Act - Whether discretion to extent time exists - Statute of Limitation - Discretion to extend time under Fatal Accident Act - Factors to be considered thereunder.

Scott, Granville v Scott-Robinson, Yvonne Adocia

Trust - Father purchasing realty in joint names of adult daughter and himself - Daughter not contributing to the cost of acquisition - Whether resulting trust arising - Whether irrevocable gift to daughter - Whether presumption of advancement rebutted - Whether joint tenancy may be severed by father.

Saint Catherine Cricket Club and Melbourne Cricket Club v Jamaica Cricket Association Limited

Members of Jamaica Cricket Assocition - Company limited by guarantee - Interpretation of rule as to eligibility of player and sanctions provided for - Rule containing words 'shall' and  'may' and 'and/or' - Whether certain sanction mandatory or discretionary - Whether other participants in competition have right to be in relation to sanction to be applied to competing member club/association.

Rowe-Anderson, Barbara v Mohini Enterprises Ltd and Lachmandas, Raju

Negligence - Occupier's liability - Customer of store slipping and falling - Store on different levels - Levels joined by small ramp - Whether ramp the cause of the fall - Whether ramp dangerous - Damages - Personal injury - Claimant falling with legs in a 'split' - Severe lower back pain - Chronic myofascial pain resulting from trauma - 10% whole person disability.

 

Rose, Bentley v City of Kingston Co-operative Credit Union Limited

Striking out applciation under Rule 26.3(1) b and (c) CPR. - Co-opertaive Societies Act - Ouster clause - What is abuse of process - Whether issue estoppell aprlies to proceedings before decision - Maker other than Court - Absolute privilege - Whether applies - Whether no reasonable grounds disclosed in statement of case for bringing claim - Cause of action - Malicious falsehood - Matters that must be alleged - Whether words complained of specifically pleaded.

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