Auburn Court Limited & Delbert Perrier v National Commercial Bank Jamaica Limited et al

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. C.L. 20021A-036 /

IN COMMON LAW

BETWEEN AUBURN COURT LIMITED 1 ST PLAINTIFF

AND DELBERT PERRTER 2ND PLAINTIFF

AND NATIONAL COMMERCIAL BANK

JAMAICA LlMTTED I ST DEFENDANT

AND RBTT JAMAICA LIMITED 2ND DEFENDANT

AND FINSAC LIMITED 3RD DEFENDANT

AND REFIN TRUST LIMITED 4TH DEFENDANT

HEARD ON April 23, June 24 and 25, October 7,8,2003 and March 10,2004

Mr. Raphael Codlin and Mr. Rudolph Francis instructed by Rowe, McDonald & Co. for

the Plaintiffs; Mrs. Sandra Minott-Phillips instructed by Myers, Fletcher & Gordon for

the 14 3" and 4' DefendantsIApplicants; Mr. Charles Piper instructed by Piper &

Samuda for the 2ndD efendant.

ANDERSON, J

There were at these hearings, three (3) summonses before the Court. The first to be heard

and the one which is the subject of this judgment, is an application by way of summons

made on behalf of the l*, 3rd and 4fh defendants and is:

"An application on the part of the Ist, 3rd and 4th Defendants for AN ORDER

THAT:

1. The action be dismissed as against the 1 st, 3rd and 4th Defendants:

(a) as disclosing no cause of action; andlor

(b) as being frivolous and vexatious and an abuse of the process of the court on

the grounds that:

i) the debt subject of the action is no longer the property of the 1st or 4th

Defendants; and,