2019

Cable and Wireless Jamaica Limited v Sretlaw Media Company Limited

Application for summary judgment - Contract - Flow Super Cup - Claim and counterclaim - Defence that amounts collected were spent for the claimant's benefit - Whether real prospect of success - Counterclaim reliant on an oral agreement - Whether real prospect of success. 

Mayne, Gregory v Atherton, Julie Riettie

Default Judgment - Application to set aside – Whether default judgment should
be set aside as of right – Whether defendant has a real prospect of successfully
defending the claim - Rules 13.2 and 13.3 CPR.

Salada Foods Jamaica Limited v Jamaica Agricultural Commodities Regulatory Authority

Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principle of illegality and irrationality – Whether statutory authority acted illegally and irrationally – Principle of equitable treatment – Whether statutory authority acted unfairly and inequitably – Whether the waivers granted by the statutory authority gave rise in law to a legitimate expectation on the part of the applicant – Whether the appli

Tewani Limited v Kes Development Co. Ltd. and ARC Systems Limited

Practice and procedure - Application for injunction - Application to oblige access to land - Claimant holding an instrument of transfer for the title to the land - Presumption that damages never an adequate remedy when the subject matter of the claim is land - Preservation of the status quo.

Vaughan, Horneil v Green, Almond; Bellett, Ivy and Bromfield, Kerry et al

Civil Procedure – Application to extend the validity of the Claim Form and for service by substituted method – Insufficiency of evidence of the Process Server – Whether the Claim Form can be extended from the date of the hearing of the application – Civil Procedure Rules 2002 (CPR), rules 8.14(1)8.15; 8.15(4)(a)(i) and (ii)(b)

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