Diamine Company Limited v Reginald S. Fraser et al

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 1772/2004

BETWEEN DIAMINE COMPANY

LIMITED CLAIMANT/RESPONDENT

A N D REGINALD S. FRASER 1ST DEFENDANT/APPLICANT

A N D FRASER & AITCHESON 2ND DEFENDANT/APPLICANT

A N D TAX AUDIT & ASSESSMENT

DEPARTMENT 3RD DEFENDANT

A N D ATTORNEY GENERAL

OF JAMAICA 4TH DEFENDANT/APPLICANT

Mr. Keith Bishop instructed by Bishop and Fullerton for Claimant/Respondent.

Mr. Walter Scott and Miss Georgia Hamilton instructed by Chancellor & Co. for 1st and

2nd Defendants/Applicants.

Mr. Peter Wilson instructed by The Director of State Proceedings for 3rd and 4th

Defendants/Applicants.

Application to strike out Statement of Case/for Summary Judgment

Heard: 20th, 24th June and 6th July 2005

BROOKS, J.

It is not usual for a vendor’s attorney - at - law to be asked to stand the cost of

paying the property tax for the property the subject of the sale, but that is just what

Diamine Company Limited seeks to have ordered.

By an Agreement for Sale dated 27th February 2002, Shiprock Holdings Limited

agreed to sell to Lynval Wright and others the fee simple interest in approximately thirtyeight

acres of land at Snow Hill in the parish of Portland. Mr. Reginald Fraser, a

principal of the law firm of Fraser & Aitcheson is the Attorney - at – Law who had

conduct of the carriage of sale for his firm.