The Hon. Miss Justice Carole Barnaby

Chas E. Ramson Limited v The Commissioner of Customs

Revenue Law - Customs Tariff (Revision) (Amendment) Resolution 2007 - Interpretation - Tariff Heading 04.01 and 04.02 - Meaning of “Cream” - Meaning of “concentrated” and “not concentrated” - Whether Elle & Vire whipping and cooking creams imported by the Appellant are “creams, concentrated” within the meaning of Tariff Heading 04.02.

Wright Anderson, Andrea Paulette (By Boysie Roy Wright, Guardian Ad Litem) v Anderson, Andrew Herman

Civil Procedure - CPR 26.3 and 26.9 - Application to strike out statement of case for failure to comply with court order where no consequence for failure to comply was specified - Delayed compliance - Considerations.
Matrimonial Property - PROSA - Section 13 (2) application for extension of time to bring claim for division of property - General considerations - Stage of proceedings at which application made.
Survivorship - Severance of joint tenancies and interests jointly held.

Martin, Winston v Jamaica Redevelopment Foundation Inc. and Vaz, Dave Giardello

Injunctions - Interlocutory - Restraint on mortgagee’s power of sale - Whether there are serious questions to be tried - mortgagor denies executing restructured debt agreement - dispute as to applicable interest - concluded agreement for sale between mortgagee and third party - whether evidence capable of finding at trial of bad faith on part of mortgagee in entering into agreement - balance of convenience - Marbela principle exceptions.

The National Housing Trust v Marksman Limited and Epstein, Robert

Civil Procedure - Application to file amended defence and issue counterclaim after Case Management Conference - Facts supporting counterclaim are such that main relief is an administrative order to check the exercise of a statutory public duty - Knowledge of the result of the exercise of public duty for approximately 3 years - Adjourned trial imminent - Considerations.

Barnes, Isabelle v Barnes, Christopher

Family - Children (Guardianship and Custody) Act - Maintenance Act - Jurisdiction to grant interim order for maintenance of children pending determination of substantive claim for their custody and care and control.

Leiba, Collin Anthony v Leiba, Ulric Charles

Civil Procedure - Executors not parties to proceedings - Whether relief in the nature of administration claims can be sought and granted if pursued by way of Notice of Application for Court Orders in existing proceedings concerning the estate to be administered by executors.
Interpretation - Section 13(2) of the Trustees, Attorneys and Executors (Accounts and General) Act.

Guardian Life Limited v Dunkley, Christopher

Civil Procedure - CPR Rule 69.4 - Scope of the rule - Whether the words complained of by the Claimant are capable of bearing the meanings attributed to them in the statements of case.

Pages

Covid-19

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023