Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

The Hon. Mr. Justice David Batts

Dietrich, Doreen Elizabeth v First Heritage Co-operative Credit Union Limited and Magne Evering

Mortgage – Power of sale exercised – Whether breach of duty by mortgagee – Subdivision approval obtained – Physical evidence of subdivision – Restrictive covenant not modified or removed - Splinter titles not issued -- Whether property appropriately advertised – Whether reasonable steps taken to obtain true market price at the time – Whether valuer in breach of duty.

EW Lewis Investment and Finance Limited and EW Lewis Investment Venture Capital Limited v Plantation Development Company Limited, Christopher Kerr and Plantation Holdings Company Limited

Contract – Loan – Promissory Notes – Whether loan repaid – Whether interest rate agreed – Whether documentation created a sham transaction – Whether illegality tainted contract – Whether evidence admissible – Stamp Duty Act – Whether documents improperly stamped – Whether late stamping permissible – Whether equitable mortgage created – Hearsay objections to witness statement – Failure to take objections at case management – Whether trial judge has discretion to refuse to entertain late application – Whether self-serving evidence of communication to a third party admissible – Whether trial j

Baghaloo, Wilfred (Receiver, Mystic Mountain Limited in receivership) v Mystic Mountain Limited (In Bankruptcy and Sky High Holdings

Receivership and Bankruptcy – Sale of assets – Application to approve sale – Whether best price obtained – Expert opinions – Relevance and treatment of expert opinions – Whether unsigned report admissible- Relevance of whether “commercially reasonable” effort to sell made - Observations on principle of open justice- Observations on the distinction between a court appointed and a privately appointed Receiver. 

The Port Authority of Jamaica v Kinetic Shipping PTE Limited (Owners of the MV Maritime Gracious) and Portside Towing Limited

Admiralty – Pilotage Act - Ancillary proceedings – Whether claim in rem – Vessel under tow – Collision with pier – Whether pilot of tug can be liable- Whether tugs lawfully arrested - Whether application to arrest ought to have been served – Whether duty to give full disclosure- Whether ex-parte order for arrest to be set aside - Whether and how much security for costs to be paid.

Braywick Partners Limited v McCook, Robert

Application for Summary Judgment - Arbitral award - Whether enforceable against guarantor - Whether guarantor can challenge arbitral award - Whether guarantor has a defense with a real prospect of success - Counterclaim - Whether guarantor entitled to judgment in default on the counterclaim - Observations on judicial function when declaratory or injunctive relief claimed.

Campbell, Jade Sherlene Camela v Jamaica Money Market Brokers Limited and Carol Alecia Campbell (Co-Administratrix estate Alfred Campbell deceased) et al

Civil Procedure - Application for security for costs – Whether dual residence- Whether Claimant ordinarily resident outside the jurisdiction - Whether there is a probability of the claim being stifled - Specific disclosure and request for information – Whether employee’s address confidential and not to be disclosed -Whether information requested is “directly relevant”.

Morrison, Errol Washington v National Peoples Co-operative Bank of Jamaica Limited, Kenneth Tomlinson et al consolidated with Ramon Morrison et al

Interlocutory Injunction – Arbitration Clause-Mortgage by way of guarantee - Whether mortgagee bank should be restrained from exercising power of sale - Borrower not a mortgagor - Whether agreement to arbitrate - Whether borrower has arguable claim - Whether estoppel arises - Whether notice to mortgagor required - Whether Marbella principle is applicable.

Sky High Holding Limited v Gordon, Debbie-Ann

Insolvency Act- Sections 185, 192, 193, 194 and, 201 – Secured creditor- Whether Proof of Claim and/or Proof of Security - Whether Trustee had authority to disallow – Whether Trustee had lawful reason to disallow - Appeal pursuant to section 201(5) - Whether a rehearing – Whether Trustee should bear costs.

Matrix Engineering Works Limited (Owners of the Cabin Cruiser Chaperone) v MV Pedro Alvares Cabraland Sadraco International Sas

Admiralty - Negligence – Whether waves generated by moving vessel caused damage - Whether damage reasonably foreseeable - Whether duty of care- Whether operator of moving vessel in breach of duty of care - Whether damaged vessel moored in unreasonably shallow water - Whether contributory negligence - Measure of damages - Whether total loss - Whether cost of maintaining vessel until trial recoverable - Whether loss of use recoverable for pleasure craft.

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