The Hon. Miss Justice Ingrid Mangatal

COK Sodality Co-operative Credit Union Limited v Intertrade Finance Corporation Limited Consolidated with FSC

Company Law- Law of Trusts-Financial Services Commission Act- FSC assuming temporary management of institution carrying on both securities and cambio business-applying for stay of proceedings commenced against institution- subsequent filing of Winding Up Petition by the FSC- cambio operation-whether trust arises when moneys paid for particular purpose not fulfilled- whether funds become assets of insolvent company or whether impressed with a trust -Methods of Distribution of assets when assets insufficient to fulfil all claims-Bills of Exchange Act-dishonoured cheques-liquidated dam

Clydesdale, Glenn and Clydesdale, Victoria v Magwall Jamaica Limited, Catling, Richard et al

CIVIL PROCEDURE AND PROCEDURE-MEDIATION-RULE 74.12(1) OF THE CPR-MEANING OF ORDER IN TERMS OF MEDIATION REPORT-RULE 42.7 OF THE CPR-APPROPRIATE FORM OF CONSENT ORDER-WHETHER AFTER ENTRY INTO CONFIDENTIAL AGREEMENT IN FORM PROVIDED BY RULES TOMLIN ORDER TO BE ENTERED OR WHETHER PARTY SEEKING TO ENFORCE TO FILE NEW ACTION-OVERRIDING OBJECTIVE OF DEALING WITH CASE EXPEDITIOUSLY AND SAVING TIME AND EXPENSE.

C&H Property Development Company Limited v Capital And Credit Merchant bank limited

Company Law - Security for costs application under Section 388 Companies Act- What constitutes credible testimony of reason to believe company will be unable to pay costs - Sub-sections 221(a) and 221(c) Companies Act - Different requirements - When company deemed to be unable to pay debts - Inability/failure to pay debts more crucial test of insolvency than whether liabilites exceed assets

Brown, Rio v N.E.M. Insurance Company Jamaica Limited

Insurance policy – Law of contract – What constitutes offer by insured and acceptance by insurer – Whether accord and satisfaction, release and discharge – Whether average clause applicable – Significance of term "SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY"

Bennett, Sharon and Thomas, Charlene v Donaldson, Vivian et al

Agreement for sale of land  –Purchaser entering into possession for a period of time – Whether liable for interest on unpaid balance of purchase price or Mesne profits consequences of vendors remaining in possession thereafter – Specific performance

 - Whether vendors guilty of willful default.

Where vendor possession in default, But not willful,

Entitlement to rents and profits and not interest.

 

First Financial Caribbean Trust Company Limited (In Liquidation) v Howell, Delroy and Mitchell, Kenarthur et al

Company law – Insolvency– Private international law  – Appointment of liquidator in winding -up proceedings in foreign court - Claim filed by company for breach of fiduciary duty , contract and fraud prior to winding-up order – Locus standi of liquidator to continue proceedings - Whether need for letter of request from foreign court to Jamaican court seeking assistance – Inherent jurisdiction of the Court to recognize and assist liquidator – Form of recognition - Whether assistance necessary.

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