2017

Kennedy, Sheneka v New World Realtors Limited

Civil Procedure – Application to set aside default judgment regularly obtained for failing to file defence –– No affidavit of merit – Whether there is justification to waive the requirement for an affidavit of merit – Overriding Objective – Rules 13.2 and 13.3 of the Civil Procedure Rules
Costs – Whether wasted costs order to be made – Rules 64.13 and 64.14 of the Civil Procedure Rules

Kingston Wharves Limited v Industrial Disputes Tribunal and Interested Party

Judicial Review – Whether Industrial Disputes Tribunal failed to consider relevant issue of frustration of contract – Whether award was manifestly excessive, unreasonable, illegal and void – The Labour Relations And Industrial Disputes Act, sections 3 & 12 - The Civil Procedure Rules, parts 8, 26, 30 & 56.

Williams, Doyen Arthur v First Global Bank Limited

Mortgage – Exercise of Power of Sale – Duty of mortgagee – Sale on Open Market – Valuation –Whether valuation current - Description of property –Whether error material – Whether fact that mortgagor prevented inspection material – Negligence – Whether claim to be struck out – No subdivision or building approval – Whether mortgagee to await grant.

Imperial Suites Hotel Limited v Johnson, Leroy

Application for court to discontinue part-heard application to strike out defence
and enter summary judgment, commenced in absence of lead counsel for the
defence who was ill – Client’s constitutional right to be represented by attorney of
choice – Whether breach of right to fair hearing and equality before the law –
Whether inappropriate material relied on in affidavit in absence of lead defence
counsel – Whether irremediable prejudice suffered by defendant – Court’s ongoing

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