Sagicor Bank Jamaica Limited v Taylor-Wright, Marvalyn et al

Case Number: 
2011 HCV 01059
Neutral Citation: 
[2019] JMSC Civ 110
Date of Delivery: 
07.06.2019

Civil Procedure – Whether the judgment creditor can seek to enforce the judgment debt owed to it by the judgment debtor by seeking to have the provisional charging order made final in light of the judgment debtor’s having been declared bankrupt – Whether an application for the annulment of a certificate of assignment can be made orally – Whether a certificate of assignment can be annulled on the basis that the conduct on the part of the judgment debtor amounts to an abuse of process – Whether the conduct on the part of the judgment debtor amounts to an abuse of process – Whether the certificate of assignment ought to be annulled – Whether the provisional charging order ought to be made final - Insolvency Act, 2014, sections 2, 3, 82, 83, 84, 85 and 153, Civil Procedure Rules, 2002, rules 77.20(2), 77.28, 11.6 and Part 48