2013

Lewis, Earle and Lewis, Carol v Valley Slurry Seal Company, Reed, Jeffrey and Valley Slurry Seal Caribbean Limited

Company law - Section 212 of the Companies Act - Application for leave to bring derivatice action in the name and on behalf of the company - Company and not the proposed defendants the propert party to the application for leave - Required to receive notice of applicaion for leave - Whetehr applicants are 'complainants' - 3 conditions precedent - Notice to directors, good faith, appears to be int he interests of the company that action be brought - Whether fulfilled.

 

Wright, Anwar v The Attorney General

An application to set aside decision to grant leave to enter default judgment - An applicationto set aside decision refusing extension of time in which to file defence - Reasonable prospect of success - As soon as reasonable practicable - Overriding objective in the exercise of discretion.

Malcolm, Vilma Wilson v Malcolm, Junior Washington

 

 Application under property rights of spouses act - Partition act application – Applications for division of matrimonial property – Failure to deny allegation in claimant’s statement of case – Failure to provide reasons for putting claimant to proof of allegation – How to make application in relation to section 7 of prosa – Effect of failure to make application in relation to section 7 of PROSA - Applicability of presumption of equal division – Section 6 of PROSA – Division of personal property items – Section 14 of PROSA.

Williams, Arthur v Holness, Andrew

Injunction - Interlocutory application - Restraining defendant from making any nomination for appointment of a new member of the Senate.

Wallace, Mavis v Clarke, Vernal

 

 Property dispute - Joint tenants - Intimate relationship but not truly cohabiting - Common intention - Resulting trust - Alternatively share based on what is fair and just in circumstances.

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