Can-Cara Development Ltd. v New Era Homes

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. 200711CV 02583

BETWEEN CAN-CARA DEVELOPMENT LTD

AND NEW ERA HOMES

Mr. C. Sarnuda instructed by Sa~nuda& Joh~isonf or Claimant

Mr. S. Kinghorn instructed by Kinghorn & Kinghorn for Defendant

Heard: 15'" and 24"' August, 2007

CLAIMANT

DEFENDANT

MANGATAL, J

I . This is an application by the Claimant for the following relief:-

a) That the Defendant be restrained until the arbitration hearing or trial of this

action or until further order in the n~eantimef rom doing whether by itself or

by its servants or agents or any of them or otherwise howsoever the act of

entering into an agreement with any other party for such party to be co~i~iected

to the Treatment Facility and to be allocated the 120 units or ally portion

thereof wliicl~ were allocated to the Clailnaiit under the Cost Sharing

Agreement;

b) The Defendant must inform tlie Claimant in writing at once of any agreement

which it has or intends to enter into with any other party for such party to be

connected to the Treatment Facility and to be allocated tlie 120 units or any

portion tilereof which were allocated to the Claimant under the Cost Sharing

Agreement.

2. 'I'he leading case in the area of interim and interlocutory injunctions is the case of

An~ericanC yaamid v. Ethicon [I9751 A.C. 395 where certain guidelines were set out.