The Hon. Mr. Justice David Batts

Mystic Mountain Limited (In Receivership and Bankruptcy) v Baghaloo, Wilfred (Receiver manager and former bankruptcy trustee) of Mystic Mountain Limited, in Receiver and Bankruptcy)

Insolvency Act - Claim by Trustee for fees and related matters - Application by Creditors or Inspectors representing creditors to intervene - Preliminary Application to remove Trustee - Creditors’ claims conditionally admitted - Whether Trustee obliged to follow directions of Committee of Inspectors - Whether Inspectors represent majority of Inspectors - Whether meeting of creditors lawfully constituted - Observations on the duty of the Trustee.

Premium Produce Export Limited v Johnson, Lynford George

Lease - Proprietary Estoppel -Tennant constructed permanent structures - Whether lessor obligated to compensate tenant upon termination of the lease - Whether lessee has an equitable interest in the land - Meaning and effect of “tenant’s fixtures”- Whether lessor’s conduct and representations created equitable interest.

Persichilli, Benedetto v Taddeo, Leo and New Era Homes 2000 Limited

Settlement Agreement – Consent Order – Agreed expert required to do several valuations - Whether valuations can be set aside - Whether new expert to be appointed - Whether fraud or collusion alleged or proved - Whether failure to follow material instructions alleged or proved - Whether error or negligence a sufficient basis to set aside valuation unilaterally - Admissibility of expert evidence- Rules 32.12 and 32.13 (2) (a) – Whether an expert’s failure to comply with procedural requirements necessarily renders reports inadmissible in evidence.

Bonus Car Rental and Services Limited v Dunn, Ian

Contempt of Court – Breach of order to return items - Party in breach acting on
advice of attorney-at-law - Whether a defence - Whether a mitigating factor - Purpose
of sanction for “civil” contempt - Appropriate fine - Observations on applicability of
authorities from other jurisdictions.

Kennedy, Cecile v Liguanea Preparatory School Trust Limited

Injunction – Agreement to construct and operate nursery school - Termination of agreement - Whether compensation payable - Whether Defendant entitled to possession - Whether agreement provides for Arbitration - Whether real prospect of success in claim to have arbitrator appointed - Whether damages an adequate remedy - Balance of convenience

Karibukai Limitedv v Sky High Holdings Limited (as purported fondholder and as purported agent of the bondholder's trustee the JCSD Trustee Services Limited) v Mystic Mountain Limited (In Receivership and Bankruptcy)

Insolvency - Receivership – Receiver appointed under Debenture- Application for injunction to prevent Receiver exercising power of sale - Whether serious issue to be tried- Adequacy of damages - Balance of convenience – Section 79 Insolvency Act and section 46(2) Security Interest in Personal Property Act - Whether Receiver acted in good faith - Whether best price reasonably obtainable - Whether court has jurisdiction to make supervisory order in relation to the power of sale.

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