Olint Corp Ltd v NCB &Jamaica Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA & IN THE CIVIL OIVISION Y kDe

CLAIM NO. 2008 HCV 00118

BETWEEN O U W CORP UMITEb CLAIMANT

AND NATIONAL COMMERCIAL BANK DEFENDANT

JAMAICA LIMIT6D

I

IN CHAMBERS

Huntley Watson instructed by Watson and Watson for the claimant

The Hon. Michael Hylton 0. J., Q.C. and Carlene Larmond instructed by

Michael Hylton and Associates

bECEMBER 18 and 22, 2008

APPLICATION TO DISCONTINUE CLAIM - RULES 1.1, 1.2, 37.2 (I),

(2) AN0 37.5 (2), (3) OF THE CIVIL PROCEDURE RULES- HOW

OISCRE7TON TO BE EXERCISED WHEN INTERIM INJUNCTION AN0

UNDERTAKING TO PAY DAMAGES ARE IN PLACE - INTERIM

INJUNCTIONS - UNDERTAKING TO PAY OAMAGES - STEPS

LEADING TO ENFORCEMENT OF UNDERTAKING TO PAY DAMAGES

SVKES J.

1. This is an application by Olint Corporation Limited ("Olint"), the

claimant, for permission to discontinue its claim against National

Commercial Bank ("NCB"). This is by way of notice of application for

court orders dated November 27, 2008. NCB opposed the application.

I dismissed the application and these are my reasons.

The context

2. I shall recount the history of this matter briefly so that the

significance of the application can be appreciated. Olint is a customer

of NCB with accounts at the Hagley Park Road branch. A t some point,

NCB decided to close Olint's accounts. Olint went, ex parte, to the

Supreme Court and obtained injunctions preventing the bank from

closing the accounts. On April 18,2008, Jones J., at a contested inter

partes hearing, discharged the injunction. Olint appealed. On July 18,

2008, the Court of Appeal reversed Jones J., granted an injunction