Application to vary or stay Order - Judgment delivered in December 2019 - Injunction of mortgagee with Marbella condition imposed - Whether Covid 19 pandemic a reason to vary or stay - Whether improper conduct of mortgagee a reason - Marbella principles - Whether conduct subsequent to date of order material.
Admiralty – Ship arrested and ordered, sold – Application to vary Order – Whether under liberty to apply – Rule 26.17 – Whether Change in Circumstance Whether mortgagee to be put in possession – Whether effect of variation is to end arrest and sale by bailiff – Whether order interlocutory or final.
Companies Act - Sections 174,193, 213 and 213A - Mining lease granted to 1st Defendant’s son - Duty of director – Whether breach of trust - Whether implicit agreement to permit 1st Defendant to make such a decision - Whether 1st Defendant as managing director acted lawfully - Whether duty to disclose - Whether secret profit – Expert report admitted by consent - Whether Defendants entitled to challenge the expert’s methods and findings – Remedies - Measure of damages.
Company Law – Minority shareholder – Section 213A Companies Act – Civil Practice and Procedure – Rule 15.2 – Defendant’s application for Summary Judgment – Whether Defendant can obtain Summary Judgment against itself – Whether Claimant entitled to a trial – Whether trial of preliminary issue is appropriate - Anton Pillar order improperly executed – Mareva injunction- Whether orders to be set aside – Whether an order for interim payment should be made – Whether interim receiver should be appointed.
Judicial Review – Renewed application for leave – Whether Respondent has power to arrest and charge - Whether “designated “ constable under FIDA has power to arrest and charge- Whether Informations void - Whether alternate remedy available in the parish court – Whether Fiat to prosecute should be set aside - Costs.
Application for Injunction to restrain recovery of debt - Letters of Commitment – Loan Facility secured by Bills of Sale and Mortgages – Whether real issues for trial- Whether damages an adequate remedy – Application of Marbella principles.
Constitutional law - Judicial Review - Decision to terminate licence - Whether municipal authority correctly terminated a licence to use premises - Whether interim injunction to be granted - Freedom of expression.
Contract - Whether for sale of goods or on consignment - Unsold goods - Whether promise to purchase unsold goods - Whether duty of care to safely pack before shipping and return - Whether duty discharged by retaining a shipping agent.
Trial in Chambers — No dispute of facts — Performance Bond — Defendant not a
party to the Performance Bond — Defendant provided title to land as security for
the Performance Bond — Whether deposit of title created equitable mortgage.
