Coldfield Manufacturing Limited v Chen, Wayne
Civil Procedure – Application to renew order for seizure and sale- Whether application made within twelve months of issue date- Whether the “corresponding date rule” of computation of time applies - Whether interests of other judgment creditors affected.
Aspera Schiffahrtsgesellschaft, MBH & Co. KG v The Tug Ocean Kingston Pride and Location Ocean Incorporated and or the Bareboat Charterer of the Tug Ocean Kingston Pride
Admiralty Claim- Application to strike out claim – Collision between two vessels - Contract for towage services - Whether contract incorporated exclusive jurisdiction clause - Whether Jamaica a forum conveniens – Whether claim in rem - Whether incorrect form of claim.
Petroleum Corportion of Jamaica v Kinghorn, Sean and K & K (Management & Holdings) Company Limited
Application for Summary Judgment – Claim for recovery of possession- Whether defence has real prospect of success - Whether 1st Defendant (an attorney at law) owed fiduciary duties to Claimant - Whether breach of duty - Whether Defendants have real prospect of establishing a proprietary or other estoppel to prevent recovery of possession.
Doks Wells Construction Company Limited and Chin's Construction Limited v THe Caribbean Maritime University
Application for summary judgement and to strike out - Building contract - “No assignment” clause - Whether 2nd Claimant lawfully assigned contract to 1st Claimant - Whether Defendant waived no assignment clause - Whether 1st Claimant entitled to claim in name of 2nd Claimant by subrogation - Whether claim has no real prospect of success.
S & C Financial Limited v The Trustee in the Estate of Patrick Emmanuel Mason (A Bankrupt)
Bankruptcy – Application by creditor to lift automatic stay - Whether false statement as to solvency in loan application - Whether a sufficient basis to lift stay- Whether public interest served- Whether policy of statute relevant consideration.
BHI Therapeutic Sciences and Blue Horizon International LLc v Caribbean Regenerative Centre Limited
Contract – Whether wrongful repudiation/termination – Whether Quasi Contract relief possible - Damages - Whether wasted expenditure recoverable.
Palmer, Gloria and Thomas, Paul v Sinclair, Paul and Forbes-Thompson, Heather
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.
Stephens, Robert v Port Royal Development Company Limited
Companies Act – Application for permission to bring derivative action – Whether Respondent has a cause of action related to the government’s breach of a Memorandum of Understanding - Whether section 212 notice to directors adequate - Whether shareholders and/or “the secretariat” are valid intended defendants to the intended derivative action - Whether intended claim is in the interest of the company.
Levy, Ian and Levy, Cecelia v Atherton, Julie; Atherton, Richard and Refreshing Ideas LLC
Application for sale of land – Whether basis to refuse application - Hardship - Non disclosure of existing creditors – Whether jurisdiction to order sale and jurisdiction to make charging order separate and distinct - Whether Order to be suspended.
Exclusive Holidays of Elegance Limited v ARC Systems Limited
Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.
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