Olint Corporation Ltd & David,Smith v The Financial Services Commission

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA 1

CIVIL DIVISION

CLAIM NO. 2006 HCV 01365 I

BETWEEN OLINT CORPORATION LIMITED 1ST CLAIMANT

AND DAVID SMITH 2NDC LAIMANT

AND THE FINANCIAL SERVICES

COMMISSION DEFENDANT

Lord Anthony Gifford Q.C. along with Mr. Christopher Dunkley and Mr.

Huntley Watson instructed by Watson & Watson for the First and Second

Claimants in Claim No. HCV 1365.

Mrs. Nicole Foster-Pusey and Mrs. Syrnone Mayhew instructed by the

Director of State Proceedings for the Defendant.

Miss Daniella Gentles instructed by Livingston Alexander and Levy for

Neil Lewis and Janice Lewis " t/a Lewfam Investments" in related Suit

HCV 01357 OF 2006 -Neil Lewis and Janice Lewis t/a Lewfam

Investments v. The Financial Services Commission.

Heard: 8 t h August and 3rd November 2006.

Mangatal J:

1. On the 8 t h of August 2006 I heard an application for a stay of

execution of a Cease and Desist order made by the Defendant

against the Claimants on 24th March 2006. The application on

behalf of the Claimants is for a stay of execution until the 26

March 2007 or further order. Attorneys at Law for Lewfam, the

Claimants in a related Suit HCVO1357 of 2006, were with the

consent of the parties allowed to watch these proceedings on behalf

of Lewfam.

2. 1 took time to consider the application and I now deliver my

decision and reasons.