Smith, Louis v Wong-Small, Her Honour Sandra (Senior Parish Judge for the parish of St. James) v The Director of Public Prosecution
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.
Neville L. Daley & Company v H & H Ventures Limited
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.
James, Rohan and Murphy, Nigel (on behalf of the members of the Jamaica Police Federation et al v Ministry of Finance and Public Service, Commissioner of Police and the Attorney General
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
James, Dalma (Trustee of the Estate of West Indies Gypsum Company Limited, a bankrupt) v Berger Paints Jamaica Limited
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.
Vassell, Joyce (In her personal capacity ad by way of Power of Attorney for Joselyn Vassell) v Garmic Ventures Limited
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.
West Indies Petroleum Ltd v Scanbox Limited; Henry, Winston; Wilkinson, Courtney and Levy, John
Civil procedure - Application to strike out claim - Whether second action an abuse of process - Whether same issue being relitigated - Whether second action amounts to harassment.
Persichilli, Benedetto v Taddeo, Leo and New Era Homes 2000 Limited
Civil procedure - Application to strike out - Whether abuse of process - Whether basis for section 213A claim under Companies Act - Whether settlement agreement between all directors and shareholders a bar to proceeding - Whether prolix pleadings - Whether omission of certificate of truth renders claim null and void - Whether delay a bar to the application - Whether consent order make it unjust to strike out claim.
Palmer, Gloria Grace-Ann and Thomas, Paul v Sinclair, Paul and Forbes, Gregory et al
Evidence – Civil Practice – Application to strike out portions of Witness Statements– Hearsay Rules – Whether any relevant exceptions – Relevance-Role of statement of case - Whether condition for service of Notice of Intention to Rely satisfied by service of witness statement.
Chablal, Shaun v 21st. Hapilos Digital Distribution Inc.
Application for Interlocutory Injunction – Alleged copyright infringement-Whether distribution agreement lawfully terminated - Whether damages an adequate remedy - Whether balance of convenience favours the grant rather than the refusal of an interlocutory injunction.
Re Customer Information Order
Proceeds of Crime Act - Customer Information Order - Whether reasonable grounds to suspect offence has been, is being, or is about to be committed - Applicable test.
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