Re: Cable and Wireless Jamaica Ltd.
Application to set aside order - Section 206 of the Companies Act – Scheme of arrangement - Whether court has jurisdiction to permit meeting – Whether meeting with creditors a prerequisite to permission.
Hamilton, Marilyn v United General Insurance Company Limited
Wri of seizure and sale - Application for stay - Appeal against issue of writ of seizure and sale for a default costs certificate - Whether Civil Procedure Rules require execution of a money judgment - Whether defendant entitled to 14 days after default costs certificate is issued - PRO Rules 46.4(1) and 65.12(b) - Whether risk of injustice.
The Trustee of the Estates of Cuddy'z Franchise One Limited and Courjon Investments Limited et al v Access Financial Services Limited and National Peoples Cooperative Bank Jamaica Limited
Insolvency - Companis Act section 93 - Commencement date of winding up - Mortgages - Failure to register charges with Registrar of Companies - Whether mortgagees are secured creditors - Whether winding up commences with ertificate of Assignment under Insolvency Act - Whetehr category 3 or 4 creditors.
National Export-Import Bank of Jamaica Limited v Sommerset Enterprises Limited and Powel, Lindeerth
Application for summary judgment - Whether defence has real prospect of success – Loan - Guarantee and Indemnity - Whether misrepresentation about time of disbursement – Application post dates misrepresentation - Whether guarantor‟s error exculpatory.
Abrahams, Eric Jason v Cable and Wireless Jamaica Limited
Company Law - Application for permission to bring a derivative action outside the jurisdiction - Preliminary point as to jurisdiction - Whether S. 212 of Companies Act applies only to actions in Jamaica – Whether application ought to be by Fixed Date Claim
Murray, Norma v Murray, Harold
Property Rights of spouses Act – Partition Act - Whether fraudulent transfer of a 1/3 interest – Whether each spouse only entitled to a 1/3 interest.
GM and Associates Limited v Sabal PH 1200 Limited
Application for Stay pending Arbitration - Whether request for arbitration – Whether words “Notice is imminent” negates request - Whether filing legal action amounts to election not to arbitrate.
Walters, Isolyn v Jamaica Bauxite Mining Limited
CONTRACT – Lease – Representations- Whether oral collateral agreement that lease would be renewed – Whether oral collateral agreement that tenant would be compensated – Estoppel – Whether landlord estopped from exercising legal rights under terms of the Lease – Expert Evidence – Whether replacement cost at date of claim relevant.
Construction Developers Associates Limited v Urban Development Corporation
Civil Procedure - Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules-Application to set aside - Whether paying party entitled to set aside Default Costs Certificate - Both parties in technical breach of the rules - Good Reason - Points of Dispute.
Television Jamaica Limited v Linscom Network Limited
COPYRIGHT – Cable Television – Whether Defendant infringed copyright by broadcasting Diamond League event - “overspill” - Whether Defendant liable – Statutory construction – Copyright Act sections 31(5), 31(1), 32(3).
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