The Hon. Mr. Justice David Batts

Civil Practice – Application to vacate committal order - Defendant company judgment debtor - Order for payment made against company - No enquiry into assets of company or its ability to pay – Whether jurisdiction to make committal order against director.

Civil Practice - Appointment of expert witnesses - Disclosure of documents -Whether expert has to be independent - Whether expert qualified by experience -Whether two experts to be permitted to give evidence on same issue - Whether real likelihood of bias - Whether documents requested directly relevant – Observations on meaning of “legal vacation”.

Company Law - Derivative action - Application to have company pay costs of derivative action - Application to strike out or stay derivative action – Whether matter of costs discretionary - Whether fair and just - Whether court having granted permission to bring claim an application for summary judgment is maintainable - Whether company articles permit an indemnity to directors - Whether section 201 of Companies Act prohibits indemnity.

Interlocutory injunction - Mandatory effect – Defendant (bank) froze Claimant’s (a customer) accounts – Claimant’s business in jeopardy - Breach of contract - Whether reason advanced justifies breach - Whether speculation as to possible breach of Proceeds of Crime Act a sufficient justification.

Assessment of damages - Fixed term lease terminated – Land owned by the state – Land Acquisition Act – Improvements – Fixed assets – Crops – Measure of damages – Other occupants – Whether cost to evict should be borne by tenant – Whether issues related to liability relevant when assessing damages.

Renewed application for leave to apply for Judicial Review – Parish Court Judge ruled evidence admissible - Whether ruling goes to jurisdiction - Whether arguable case with real prospect of success - Whether alternate remedy available by way of appeal.

Application to strike out claim - Building contract - Arbitration agreement - Neither party now seeks arbitration - Whether reference to arbitration time barred-Whether court has jurisdiction to try the issue – Earlier claim filed but not served and now expired-Whether an abuse of process to bring another action - Observations on attaching documents as a schedule to affidavits.

Constitutional Relief- Heads of Agreement – Whether binding contract – Whether legitimate expectation – Whether jurisdiction to grant declaratory relief if claim not contested – Whether breach waived – Whether mandatory order possible – Whether award of damages appropriate- Observations on the nature of declaratory relief

Contract- Sale of Goods - Purchase order subject to drawdown being requested -Schedule for delivery not agreed - Goods produced but not accepted - Whether breach of contract.

Contract-Lease unsigned by landlord - Deposit, rent and, half costs paid by tenant - Whether lease enforceable against landlord – Evidence - Counter notice under Evidence Act not served - Whether documents admissible - Observations on the hearsay rule in civil proceedings.