Lue, Henry, et al v Island Victoria Bank, et al

IN THE SUPREME COURT OF JUDICATURE

IN COMMON LAW

SUIT NO: L. 001 OF 2002

BETWEEN HENRY LUE 1" CLAIMANT

AND LUE'S PROPERTY LIMITED 2"d CLAIMANT

AND LUE'S STONE QUARRYING LIMITED 3rd CLAIMANT

AND A & H BUILDINGS (JA) LIMITED 4'h CLAIMANT

AND ISLAND VICTlDRIA BANK 1" DEFENDANT

AND RONALD SASS0 2 " d ~ ~ ~ AND REFIN TRUST LIMITED 3 r d ~ ~ ~ AND FINSAC LIMITED 4th DEFENDANT

Ms. Jacqueline Curnmings, Mr. Sylvc!ster Heinmings and Mrs. Debra Reid-Archer

instructed by Archer, Cummings & Co. for the Claimants; Mrs. Sandra Minott-

Phillips instructed by Myers, Fletcher & Gordon for the l", 3" and 4'h Defendants;

Mr. Emil George and Ms. Stacy-Ann. Powell instructed by Dunn Cox for the 2nd

Defendant.

Heard Junel5, 16, 17, and 18, 2004: July 8,2004 and September 22,2006

CORAM: ANDERSON J.

The First Claimant, H e w Lue, to whom I shall hereinafter refer briefly as "Lue" is

the chairman, chief executive officer and majority shareholder of the 2nd; 3'* and 4"'

Claimants. I shall where necessary. refer to these Claimants as "Property",

"Quarrying" and "Buildings" respectivt:ly. The 1 Defendant (hereinafter "the Bank")

was at the material time, a bank registered and licensed under the Banking Act and is

the bank with whom the Claimants allegedly did the various transactions which have

given rise to these claims and the 2"* Defendant was its chief executive officer. The

3rd and 4Lh Defendants are allegedly the successors in title or assignees of the business

of the Bank and are sued in the capacity of assignees.

When thls matter came on for hearing., Mr. Emil George, Q.C. on behalf of the 2"*

Defendant, applied to the court to strike out the suit as against that defendant, on the

ground that the Claimants' statement of case disclosed no cause of action against him.

The application was based upon the fact that the allegations against that Defendant

were all directed to him in his capacity as the President and Chief Executive Officer