NOTICE

 

The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.



The Hon. Mr. Justice David Batts

Cenitech Engineering Solutions Limited v National Contracts Commission, The Integrity Commission (formerly the Contrctor General of Jamaica, The Minister of Agriculture & Fisheries et al

Judicial Review –The Contractor General Act –The Integrity Act - Revocation of grade 1 certification –Absence of Regulations – Whether National Contracts Commission (Validation and Indemnity) Act applies – Whether 1st Respondent liable - Reversal of decision to award contract – Whether natural justice applies – Whether constitutional right to fair hearing - Whether hearing required prior to revocation and/or reversal – Whether decision inevitable and remedy to be refused- Whether 2nd Respondent breached duty of confidentiality - Whether 3rd Respondent liable - Damages - Circumstances in whi

Palmer, Cavelle v Dayes, Mauvelette2

Application by Defendant to prevent attorney at law acting for the Claimant – Attorney at law acted for husband and wife in purchase of property - Husband now deceased - Wife challenging husband’s will which gifts 60% of the property to Claimant – Attorney’s office drafted alleged will - Attorney acting for Claimant in her claim to an interest in the property-Claim relies on husband’s alleged promises and declarations as well as on the alleged will - Whether attorney possessed of confidential information.

Palmer, Cavelle v Dayes, Mauvellette

Contempt of Court – Rule 53.10 - Whether Defendant served with Order bearing penal notice – Whether Defendant was present when injunctive order made - Whether Defendant in breach of order - Costs - Whether court’s displeasure with Defendant’s conduct may be reflected in an order for costs.

Palmer, Cavelle v Dayes, Mauvelette

Application for Interlocutory Injunction – Whether arguable claim with real prospect of success - Whether Claimant entitled to 60 percent share of property – Whether  Will valid - Proprietary and/or equitable estoppel - Whether promise made in deceased’s lifetime can bind estate - Whether damages an adequate remedy - Justice of the case.

Airlink Wireless Network Limited v D.R. Holdings Limited and Rainford, Donald

Lease – Commercial premises – Rent Restriction Act – Whether certificate of exemption has retroactive effect – Whether oral collateral agreement/terms – Re-entry for non-payment of rent – Whether lease lawfully terminated – Whether tort of breach of statutory duty- Whether decision of English Court of Appeal binding - Damages.

Cable and Wireless Jamaica Limited v Sretlaw Media Company Limited

Application for summary judgment - Contract – Flow Super Cup- Claim and Counterclaim- Defence that amounts collected were spent for the Claimant’s benefit – Whether real prospect of success- Counterclaim reliant on an oral agreement – Whether real prospect of success.

Harvest Tabernacle Limited v Jackson, Colin and Brown, Arnaldo A.

Application to set aside judgment in default – Delay in entering acknowledgement of service – Attorney’s error cause of delay – 2nd Defendant an attorney-at-law-Relevance of want of candour - Agreement for sale- Undischarged mortgage on the property- Vendors mortgage also granted to Claimant who was the purchaser- Purchase price paid by instalments- Claimant put in possession- Instalments paid to 2nd Defendant as vendor’s attorney at law -2nd Defendant disbursed payments to his client the 1st Defendant – Payments were not made to mortgagee who exercised power of sale –The Claimant was legal

Drakulich, Michael and Patchen, Max et al v Rainforest Adventures (Holdings) Limited and Mystic Mountain Limited

Company Law – Application for Interlocutory Injunction – Sections 213A (2) (a), (b) and (c) of the Companies Act – Appointment of directors - Appointment of managing director - Whether power of shareholder owning 100% of the shares is to be restrained - Negotiations ongoing with bond holders-Whether appointments unfair or prejudicial - Whether issue for tria l - Whether damages adequate remedy - Whether just in all the circumstances.

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