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.
Gough, Vicky and Falconer, Varrion v Peterkin, Natoya
Civil Procedure - Application for relief from sanctions - Unless Order against
litigant in person.
Sagicor Bank Jamaica Limited Judgment Creditor(formerly known as RBC Royal Bank (Jamaica) Limited, formerly known as RBTT Bank Jamaica Limited) v Taylor-Wright, Marvalyn et al
Civil Procedure - Application to discharge or vary final charging order -
whether Intervener is an interested person within the meaning of CPR
48.6(2)(a) - whether charging order properly attaches to property not
specifically identified in the application or order.
Newman, Atoya v Howell, Duwayne
Matrimonial Property - Property Rights of Spouses Act - Spouses acquired home as joint tenants prior to marriage - Application to vary equal share rule - Marriage of short duration - Considerations - Unavailability of commercial interest for sums paid towards mortgage by one party after date of separation.
Reidy, Pamela v Young-Torres, Joni (Administrator, Estate of Karl Young)
Civil Procedure - CPR 26.8 - Application for relief from sanction - Promptitude - Whether the failure to comply with court order was not intentional - Whether there is a good explanation for the delay.
Marlie Technology Park Limited and Geotechvision Enterprises Limited v Sagicor Bank Jamaica Limited
Civil Procedure - In limine objection to further consideration of interim injunction granted ex parte - no order made by the court for the filing and service of claim form by specified date - applicant gave an undertaking in it application for without notice interim injunction to file and serve claim by a specified date - applicant failed to comply with own undertaking - court orally advised of the filing of claim form on the day of the hearing but not served on respondent at the time of the hearing - whether court is prevented from considering application further.
Pagination
- Previous page
- Page 5
- Next page