Whittaker, Garey v Kidd, Andrew; Delroy Nichols, Nepal Development Limited and Devon Barrett
Civil Procedure – Application to Strike Out Claim – Application for Interlocutory Injunction – Application to Extend Time To File Defence – Application for Default Judgment – Application for Immediate Taxation Of Costs – The Judicature (Supreme Court) Act s. 49(h) – The Companies Act s.10(1), Article 59 of Table A, Article 57 of Table A – Civil Procedure Rules (“CPR”) 2002 (as amended on the 3rd of August 2020) Rules 1, 1.1(2)(a), 9.3 (4),10.3, 10.3(9),17.1(1)(a),17.1(1)(b), 26.3(1)(b), 64.3, 64.5(1), 64.6, 65.8, 65.15 and 65.16.
Auto Channel Limited v Chin, Martin Paul, Jennifer Doolam Chin and National Commercial Bank Limited
Civil Procedure – Civil Procedure Rules - Summary Judgment – Agreement for Sale – Notice to Complete – Vacant Possession – Rescission of Agreement – Whether Agreement Completed by Delivery of Bank Undertaking for Payment of Purchase Price and Costs – Civil Procedure Rules (“CPR”) 2002, R. 15.6, 10.5, 26.3(1)(b) and (c), 64.6 and 64.6(4)(d).
Jackson, Fitz v The Bank of Nova Scotia Jamaica Limited
Civil Procedure – Application for extension of time to file Application for Leave to Appeal - Application for Leave to Appeal – Whether Court had jurisdiction to grant summary judgment to party without application – Whether Court improperly exercised jurisdiction to award costs against unsuccessful litigant in matter having a public interest – Application for stay of proceedings – Court of Appeal Rules [2002] (the CAR) – The Court of Appeal Amendment Rules [2025] Rule 1.8 (2) – The Court of Appeal Rules [2002], Rule 1.8(1), Rule 1.8 (7) – Bills of Exchange Act (BEA), S.
Jackson, Fitz v Bank of Nova Scotia Jamaica Limited
Civil Procedure – Application for extension of time to file Application for Leave to Appeal - Application for Leave to Appeal – Whether Court had jurisdiction to grant summary judgment to party without application – Whether Court improperly exercised jurisdiction to award costs against unsuccessful litigant in matter having a public interest – Application for stay of proceedings – Court of Appeal Rules [2002] (the CAR) – The Court of Appeal Amendment Rules [2025] Rule 1.8 (2) – The Court of Appeal Rules [2002], Rule 1.8(1), Rule 1.8 (7) – Bills of Exchange Act (BEA), S.
Re: Gordon Arthur Cyril Stewart and the Companies Act and the Trusts Act
Civil Procedure - Application to strike out claim – Public Accountancy Act - Appointment of foreign accountant - Trusts Act - Whether applicable to executors - Whether the claim discloses reasonable grounds to bring the action - The Civil Procedure Rules 26.3 (1) (c).
Hubble Limited v Bank of Nova Scotia Jamaica Limited
Insolvency - Application for discontinuance of insolvency - accord and satisfaction - Waiver - promissory estoppel
Austin, Dale v The Public Service Commission, The Attorney General of Jamaica and Marlene Aldred
Constitutional Law – Judicial Review – Legality of an Accountability Agreement – Constitutionality of Regulation 14(2) of the Public Service Regulations – Whether the actions of the 1st and 3rd defendants were tainted with illegality, irrationality or procedural impropriety – Right to Make Representations and Review Documentation – Obligation to Give Reasons – Legitimate Expectation – Bias – Breach of Constitutional Right to Equality Before the Law – Constitutional Damages – Costs – The Constitution of Jamaica sections 125 and 127 – The Charter of Fundamental Rights and Freedom section 13(3
Stewart, Re Gordon Arthur Cyril and the Companies and Trusts Act
Application for Declaration – Wills – Construction – Whether No Contest Clause Valid – Whether No Contest Clause Engaged – Exercise of Discretion by Trustees – Ouster of Court’s Jurisdiction to Review Exercise of Discretion.
National Rums of Jamaica Limited v Registrar of Industrial Property, Shantal English (Hearing Officer), Spirits Pool Association Limited and J. Wray & Nephew Limited
Intellectual Property – Rectification of Geographical Indication – Appeal from Decision of Tribunal – Interim Relief
Bewelk Equipment and Construction Limited v Chin, Kirk, Brian Chin, Louis Chin and Morant Bay Quarry Limited
Injunction – Interference with witnesses – Amendment to Statement of Case –
Application for Split Trial.
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