2011

Maddern, Jeanne v Darlington, Stevie

Trust – Presumed resulting trust – Couple in intimate relationship – Real property bought in both their names as tenants in common – Woman providing the entire
purchase money – Man alleging that house bought as a gift to him - Whether resulting trust arises
Equity – Presumption of advancement – Whether applicable to lovers – Whether statements by woman created a case of proprietary estoppel - Woman’s intention at the time of incurring expenditure – Whether man relying on representations by woman - Whether equitable interest created thereby.
 

Madam ‘A’ v Cash Plus

Application challenging the appointment of receiver/manager - Whether of receiever/manager can be set aside ex devito justiticiae - Whether part 51 of CPR is applicable generally to the appontment of receiver/manager - Whether failure by judge to state that security for costs is dispensed with vitiates appointment.

Luke, Derrick v Luke, Murdel Delores

Husband and Wife – Property division – Husband sending money to wife at her request for various matters – He sent the money to her to “take care ofbusiness” – Whether remittances secured an interest in the wife’s business enterprise or a motor car or other chattels purchased by the wife – Whethersale of the business enterprise precludes the court from making an order concerning same.

Lascelles, de Mercado & Company Limited v Financial Services Commission and Black Sands Acquisitions Inc.

Securities act and securities (take-overs and mergers) regulations, 1999 – Rules of the Jamaica stock exchange – Whether right of appeal or judicial review-nature of section 25 proceedings – Take-over bid circular – Duty to treat with same standard of care as prospectus – Whether satisfactory proof that offeror able or will be able to implement the offer in full – Tom regulations 24, 16(1)(g), 14(3) – Duties of parties to takeover to prevent false market in shares – Whether bona fide offer – Whether issue of dissatisfaction by directors of offeree board to be dealt with in directors’ circul

Hinds, Dean v Wilmot, Janet

Division of property-claim for equitable interest in

property- former co-habitants-title in the name of one

party-separate mortgage loans taken by both parties to

improve property-effect of statutory declaration denying

equitable interest-payment of mortgage installmentscommon

intention of the parties.

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