The Financial Services Commission v Olint Corporation, David Smith et al

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2006 HCV 3763

IN THE MAlTER OF THE

SECURITIES ACT

AND

IN THE MAlTER OF THE

FINANCIAL SERVICES

COMMISSION ACT

BETWEEN THE FINANCIAL SERVICES COMMISSION CliAIMANT

AND OLINT CORPORATION F~RsT DEFENDANT

AND DAVID SMITH SBCOND DEFENDANT

AND OVERSEAS LOCKET

INTERNATIO-NAL CORPORATION THIRO OEFENOANT

IN CHAMBERS

Symone Mayhew and Kalaysia Clarke instructed by the Director of State

Proceedings for the claimant

Miss Ingrid Pusey for the claimant

Huntley Watson and Christopher Dunkley instructed by Watson dnd Watson for the

first and second defendants

February 7, 8 and 13, 2007

APPLICATION FOR CONSOLIDATION, WHETHER DECLARATlON SHOULD BE

JOINED TO AN APPEAL, RULE 26.1(2) (b) and (h) AND PART 60 OF THE CIVIL

PROCEDURE RULES, DEFINITION OF CLAIM, APPEAL AND bECLARATION

SYKES J.

1. This is the latest skirmish between the Financial Services Commission ("FSC"),

the claimant, and Olint Corporation ("Olint") and David Srt\ith, the first and

second defendants respectively. Overseas Locket Internotional Corporation

("OLIC"), the third defendant has not participated in any of the proceedings to

date. This application was precipitated by a fixed date claim form dated October

24, 2006, in which the FSC is seeking the following orders (Claim No. 2006 HCV

0376 3 FSC v Olint Corporation Limited and others) :