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Premium Investments Ltd v Jamaica Redevelopment Foundation Inc
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO HCV 3632 OF 2007
BETWEEN PREMIUM INVESTMENTS LIMITED
(In Liquidation) CLAIMANT
AND JAMAICAN REDEVELOPMENT
FOUNDATION INC DEFENDANT
IN CHAMBERS
Paul Beswick instructed by G. Anthony Levy and Company for the
claimant
Charles Piper and Kanika Tomlinson for the defendant
March 28, May 21, June 9 and 11, 2008
JUDGMENT IN DEFAULT OF DEFENCE – EXTENSION OF TIME
WITHIN WHICH TO FILE DEFENCE – RULES 10.3 (9), 26. 1 (2) (C)
AND 26.8 OF THE CIVIL PROCEDURE RULES – RESTRAINING
MORTGAGEE’S POWER OF SALE - INJUNCTION – MARBELLA
PRINCIPLE – RESTRICTION ON MARBELLA PRINCIPLE – SECTION 33
OF THE LIMITATION OF ACTIONS ACT - WHETHER LIQUIDATOR
CAN ACKNOWLEDGE DEBT WHICH MAY BE STATUTE BARRED ON
BEHALF OF COMPANY– WHETHER DIRECTOR’S SIGNATURE ON
FINANCIAL STATEMENTS IS ACKNOWLEDGEMENT OF DEBT –
WHETHER SIGNATURE OF DIRECTORS ON FINANCIAL
STATEMENTS IS AN ACKNOWLEDGEMENT OF DEBT -
SYKES J.
1. A number of applications is before the court in this matter. The
applications are:
a. an application by Jamaican Redevelopment
Foundation Inc (JRF) to extend time within which to
file the defence and to permit affidavits filed so far
on its behalf to stand as a defence;