Jamaica Beach Park Limited et al Jamaica Redevelopment Foundation Inc et al

BETWEEN JAMAICA BEACH PARK LIMITED FIRST CLAIMANT

(In Receivership)

AND WINSTON FINZI SECOND CLAIMANT

AND JAMAICA REDEVELOPMENT

FOUNDATION INC FIRST DEFENDANT

AND KENNETH TOMLINSON SECOND DEFENDANT

IN CHAMBERS

Mr. Abe Dabdoub and Mr. Oswald James instructed by Oswald

James and Company for both claimants ;'3

Mr. Maurice Manning instructed by Nunes, Scholefield, Deleon and

Company for the first defendant

Mr. Conrad George instructed by Hart, Muirhead and Fatta for the

second defendant

June 8 , l l and 17,2005

APPLICATION TO DISMISS CLAIM UNDER RULE 26.3(1) (b) and (c)

OF THE CIVIL PROCEDURE RULES, SECTIONS 10 AND 14 OF THE

MONEY LENDING ACT

(3

SYKES J

1. Jamaica Redevelopment Foundation Incorporated (JRF) has acquired

debts that were held by many financial institutions in Jamaica. :IRF has

undertaken the Herculean task of trying to collect debts from defaulting

borrowers. This case is one of its attempts to enforce a pQwer of sale it