The Hon. Miss Justice Ingrid Mangatal

Real Estate (Dealers and Developers) Act - Repayment contracts - Priority between board’s charge and bank’s mortgage-prepayment contracts void or voidable - Whether board’s charge void against bank and other creditors - Want of registration under Companies Act - Developer in liquidation - Whether bank’s mortgage pari passu when loan for multiple purposes – Accounting.

Company law - Section 212 of the Companies Act - Application for leave to bring derivatice action in the name and on behalf of the company - Company and not the proposed defendants the propert party to the application for leave - Required to receive notice of applicaion for leave - Whetehr applicants are 'complainants' - 3 conditions precedent - Notice to directors, good faith, appears to be int he interests of the company that action be brought - Whether fulfilled.

Civil Practice and Procedure - Summary judgment

 Contract law - Mental capacity of elderly father, suffering from cognitive deficiency - Undue influence – Presumption - Unconscionability of transactions - Company law - Validity of alterations of share capital, shareholders and officers.

 Property dispute - Joint tenants - Intimate relationship but not truly cohabiting - Common intention - Resulting trust - Alternatively share based on what is fair and just in circumstances.

Civil practice and procedure - Application to vary or revoke order - Application made before order perfected - Sparing exercise of power - Overriding objective to be pursued, subject to principled curtailment of the principle.

Interlocutory injunction - course like to cause the least irremediable prejudice - Need for court to engage in assessment of strength of parties cases - Case involving mainly construction of agreement/written instruments/points of law - Whether court can feel high degree of assurance that at trial would appeal injunction rightly granted - Whether claimant guilty of delay - Securities - Fixed or floating charge - Debenture - Restrictive clauses in debenture - Priority of charges - Whether management agreement void as maintenance of champerty - Whether management agreement constitutes sale or

 Easement - Right of way – Way - leave – Electric Lighting Act – Sections 36, 37 – Meaning of curtilage – trespass to land – Acquiescence – C ivil Practice and Procedure – Equitable damages ordered in lieu of permanent mandatory injunction – Date for assessment of value - Date of breach or loss or date of judgment – Civil practice and procedure – Damages – Aggravated damages

IN THE SUPREME COURT OF JUDICATURE OF &u/c

IN COMMON LAW

SUIT NO. C.L. 1999/R047

BETWEEN LODERICK ROBINSON CLAIMANT

A N D Y.P. SEATON AND ASSOCIATES DEFENDANT

Miss V. Grant instructed by H.G. Bartholomew & Co

for Claimant

Mr. John Graham instructed by John G. Graham & Co. for Defendant

1 5th arch, 1 6th March and 1 " April 2004

MANGATAL, J

1. This claim by Loderick Robinson is a claim against his employers

in negligence. Mr. Robinson was injured on the 6th August 1996

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

SUIT NO. E. 327 OF 2002

In the Matter of the Married

Women's Property Act

AND

In the matter of the Division of

Property

BETWEEN JOSEPHINE LYONS APPLICANT

AND VERNON LYONS DEFENDANT

Mr. Lawrence Haynes for the Applicant

Mr. Michael Palmer instructed by Palmer, Smart

& Co. for the Defendant

Heard: 2nd, isth March and 21'' May, 2004 c\

MANGATAL J.