City of Kingston Co-operative Credit Union Ltd. v Registrar of Co-operatives and Friendly Societies, Yvette Reid

IN TIIE SUPREME COURT OF JUDICATUliE OF JAMAICA

CLAIM NO. HCV 1658 OF 2006

IN THE MATTER of a dispute between

Yvette Reid and Mavis Henry and the

City of Kingston Co-operative Credit

Union Limited

AND

IN THE MATTER of the Co-operative

Societies Act.

BETWEEN CITY OF KINGSTON CO-OPERATIVE

CREDIT UNION LIMITED APPLICANT

AND REGISTRAR OF CO-OPERATIVES

AND FRIENDLY SOCIETlES lSR' ESPONDENT

AND YVETTE REID 2'Id RESPONDENT

Heard 19'" October, 2006 and February 16,2007

Mr. Jermaine Spence and Mr. Laurence Jones instructed by Dunn Cox for the Applicant;

Mrs. Marvalyn Taylor-Wright instructed by Taylor-Wright & Co for the 2" Respondent.

Ms. Annaleisa Lindsay instructed by the Director of State Proceedings, for the lS'

Respondent.

CORAM: ANDERSON, J.

In this application for judicial review, the ClaimantIApplicant, City of Kingston Co-op

Credit Union Limited, ("COK) seelts the following reliefs:

1. A Writ of Certiorari to quash the decision of the Registrar of Cooperatives and

Friendly Societies,

2. An Order that the matter for be remitted to the First Respondent for re-hearing and a

proper determination.

The ground on which the order of Certiorari is sought is that there was an error of law on the

face of the 1'' Respondent's Award dated March 3 1, 2006. The "award" in question was that

made initially by an Arbitrator appointed under the Registrar of Cooperatives and Friendly

Societies Act ("the Act") in favour of the 2" Respondent, and later upheld by the 1"

Respondent pursuant to a reference to him under section 50 (3) of the Act.