Application to Set Aside Moneylending Transaction- The Moneylending Act – Promissory Note – The Bills of Exchange Act – Whether Interest Rate Charged Harsh and Excessive – Whether “Loan Fee” Caught by Provisions of Moneylending Act – Whether Court to Reopen Entire Transaction.

lN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2006 HCV-01024

BETWEEN PETRONA CLARKE CLAIMANT

A N D RUDLEY CLARKE DEFENDANT

Heard: October 27,2006 & January 18,2007

Appearances

Miss Judith Clarlte instructed by Judith M. Clarlte and Co. for the claimant.

Miss Althea D. McBean instructed by Frater, Ennis & Gordon for the defendant.

Williams, J.

Backwound

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. El 63 OF 2002

BETWEEN MAXINE WALKER RESPONDENT/APPLICANT

A N D HIRAM WALKER APPLICZ4NT/RESPONDENT

IN CHAMBERS

Appearances

Ms. V. Green,fo r the ~zpplicunt/Respolzdent.

Ms. I<. Ballifor the respondent/~zpplicant.

Application to set aside under CPR 39.6

IN THE SUPREME COURT OF JUDIC ATURE OF JAMAICA

IN CHAMBERS

CLAIM NO. C.L. 199lN-198

BETWEEN NATIONAL COMMERCIAL BANK CLAIMANT

A N D DEXTER CHIN lST DEFENDANT

A N D MONEY TRADERS & INVESTMENTS

LIMITED 2ND DEFENDANT

A N D CONRAD GRAHAM

DEFENDANT

Appearances

Miss H. Phillips Q.C., Mrs. D. Kitson and Miss Y. Christopher instructed by Grant,

Stewart Phillips & Conlpany for the ClaimantIRespondent.

Mrs. G. Gibson-Henlin, Miss T. Dunn and Miss T. Brown instructed by Nunes,

Companies Act, 2004 - Section 130(2) - Removal of directors - Application for court to order meeting of a company - Interpretation of phrase "if for any reason it is impractivable to call a meeting of a company in any manner in which meetings of that company may be called ...etc".

Interim Payment - Circumstances in which such a payment i s to be made -

Interpretation and Application of Rule 17.6 (I) (d) & (2) of the Civil

Procedure Rules, 2002, as amended. - Defence filed - Res lpsa Loquitur.

Tresspass to property - Conversion and/or detinue - False imprisonment - Whether claimant entitled to aggravated and exemplary damages.

Limitation of Actions Act - Applicability to demand loan and credit card

debt- Whether litpitation period six years or twenty years - "Warrant

Obligatory" - Sub~mary Judgment Procedure - Rule 15.2 of the Civil

Procedure Rules, $002, as amended.

Application for order to stay proceedings - Preliminary point re forum non

conveniens - Time to file answer when petition served outside the

jurisdiction - Whether more than time allowed when served locally -

Interpretation and Application of Part 76 of the Civil Procedure Rules, 2002,

as amended, in particular Rule 76.9 and 76.1 1 - Whether lacuna in Rules.

Assessment of Damages – False Imprisonment- Malicious Prosecution- Assault and battery – Claim for Exemplary Damages.