The Hon. Mr. Justice Kirk Anderson

Smith, Georgette v Jamaica Defence Force Co-Operative Credit Union

Striking out application – Application for an administrative order – Application for constitutional redress – Application for constitutional redress joined with other claims in tort – Whether claim form is appropriate form for court proceedings upon this claim – Defence filed out of time – Application for an extension of time to file defence – Relevant factors to be considered by the court in respect of an application for an extension of time to file defence – Court’s general power to correct procedural errors – Over-riding objective.

Cameron, Mervin v Attorney General of Jamaica

Constitutional law – Allegations of violation of right to trial within a reasonable
time – Whether violation of reasonable time standard results in grant of stay
automatically – How analysis is to be done – Factors to be considered when
determining whether reasonable time standard violated – Consequences of
violation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) and 16
(1) – Canadian Charter of Rights and Freedoms, Section 11 (b)

McLeggan, Ervin v Scarlett, Daphne and The Registrar of Titles

Fraud – Definition of fraud – Burden and standard of proof – Registered title – Effect of ss.70 and 161 of the Registration of Titles Act – Effect of ss. 164-168 of the Registration of Titles Act – Whether 2nd defendant is exempted from liability by virtue of s.160 of the Registration of Titles Act – Need to prove fraud on the part of the present registered proprietor if claim is to be proven

National Export-Import Bank of Jamaica Limited v Yono Industries Limited, Jones, Andre and Prince, Andre

Commitment letters setting out terms of loan agreements between the claimant and the 1st defendant – 3rd defendant’s guarantee agreement with the claimant – Whether summary judgment should be awarded to the claimant – Whether the 3rd defendant’s defence is one which has a realistic prospect of success – Variation of initial loan agreement – Circumstances in which guarantor will be discharged from guarantee agreement – Whether guarantee agreement was a continuing security – Whether guarantee agreement is applicable as between the claimant and the 3rd defendant

Dixon, Doreen v Dixon, Quenston

 

The Property (Rights of Spouses)  Act – W hat constitutes the family home -Interest in the family home - Third party’s interest - Fixtures and chattels - Land acquired before the parties were spouses - Entitlement to property – F inancial and non-financial contribution - Party’s share in property no longer in the possession of spouse - Adverse possession

Crammer, Beverley v Campbell, Linford

Application to set aside ex parte order - Rules 11.16, 11.17 and 11.18 of the Civil Procedures Rules (CPR) - Confiscatin of assets order - Contrast between confiscation of assets order obtained under part 53 and writ of execution issued under part 46 of the CPR - Effect of order of court which has unlimited jurisdiction.

Mcleggan, Ervin v Scarlett, Daphne et al

FRAUD – DEFINITION OF FRAUD – BURDEN AND STANDARD OF PROOF – REGISTERED TITLE – EFFECT OF SS.70 AND 161 OF THE REGISTRATION OF TITLES ACT – EFFECT OF SS. 164-168 OF THE REGISTRATION OF TITLES ACT – WHETHER 2ND DEFENDANT IS EXEMPTED FROM LIABILITY BY VIRTUE OF S.160 OF THE REGISTRATION OF TITLES ACT – NEED TO PROVE FRAUD ON THE PART OF THE PRESENT REGISTERED PROPRIETOR IF CLAIM IS TO BE PROVEN

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