The Hon. Mrs. Justice Sonya Wint-Blair

Appeal  – Bail - Appeal from refusal by Parish Judge – Statutory interpretation – Strength of case against defendant – Good faith - Duty on Appellant – Meaning of sufficient cause – Constitutional provisions conferring entitlement to bail.

Administrative Law - Judicial review - Whether delay bars grant of relief – Decision of Commissioner of Police not to confirm Constable on probation - Statutory Interpretation of The Police Service Regulations - Natural Justice -Meaning of show cause - Date of impugned decision is the date time begins to run - Deeming provision applies if Commissioner fails to act Jamaica Constabulary Force Act, section 3(2)(a), The Police Service Regulations, 1961, Regulations 24(6)(a), (b), Civil Procedure Rules 56.6(7), (3)

Judicial Review – Redundancy – Whether the Industrial Disputes Tribunal has jurisdiction over an industrial dispute concerning termination by way of
redundancy when referral by the Minister of Labour uncontested
Labour Relations and Industrial Disputes Act, Employment (Termination And
Redundancy Payments) Act
Civil Procedure Rules, 56.2(1), 56.2(2)(a)

Constitutional Law – Separation of Powers – Right to due process – Whether
breach of the right to a fair hearing – Whether as presently constituted the
Industrial Disputes Tribunal is an independent and impartial authority
Constitution of Jamaica (Order in Council), 1962, sections 7(2), 8(2) - Charter of
Fundamental Rights and Freedoms, section 16(2) - Labour Relations and Industrial
Disputes Act, sections 7(2) and 8 (2)(c), Second Schedule, sections 1, 2, 3, 4 and 7.

Sale of Goods – New car – Implied condition as to fitness for purpose – Implied
condition as to merchantable quality – Whether fraudulent misrepresentation –
Repairs under manufacturer’s warranty – Acceptance by buyer – Application of the
provision – Specific article - Sales of Goods Act, sections 2, 12, 15, 35, 60.

Commercial Law - Building Contract for luxury villa – Breach of Contract – Whether
Unjust Enrichment - Quantum Meruit – Whether Collateral Contract – Defective work

Commercial Law - Building Contract for luxury villa– Breach of Contract – Whether
Unjust Enrichment - Quantum Meruit – Whether Collateral Contract – Defective
work – Cost

Default Judgment - Extension of time - Whether evidence is required for entry of default judgment under rule 12.10(4) – Assessment of particulars of claim.

Application for leave for judicial review - Nature of the application for leave -
Burden of proof - Standard of proof - Whether private law contract being
pursued as public law matter – Whether impugned decision amenable to
judicial review - Who is a public officer – Private law right derived from statute
distinct from private law right derived from contract - Leave refused
application to be treated as ordinary claim.

Land - Recovery of possession - Whether fixed date claim should be converted
to claim form – Whether there are substantial disputes of fact – Whether one
Executor can give evidence of the acts carried out by co-executor – Open Justice
Principle