Graham, Caliston v Coast to Coast Quarries Limited, Coast to Coast Concrete Company Limited, Clifton Johnson and Shelly Ann Simpson et al
Company Law - Section 213A Companies Act - Whether there are instances of mismanagement of the 1st and 2nd Defendants - Whether the Claimant is entitled to recover funds invested in the 1st and 2nd Defendants - Whether the allegations of fraud have been proven - Whether the affairs of the 1st and 2nd Defendants have been conducted in an oppressive and/or unfairly prejudicial manner - Whether the Claimant was improperly removed as shareholder- Appropriate remedies - Winding-up - Investigation - Buyout.
Rerrie, Vicky (Executor of the Estate of Anthony Rerrie, deceased substituted for Anthony Rerrie) et al v Clough, Mirelle and Christopher Clough et al
Civil Procedure - Part 24 Civil Procedure Rules, 2002 - Application for security for costs - Whether the conditions for security for costs have been met - Whether security for costs can be ordered against representative parties - Whether the claim is a sham or bona fide - Whether there is a reasonable prospect of success - Whether the application is made at a late stage - Whether the Claimant has unencumbered assets within the jurisdiction.
National Fuels & Lubricants v Total Jamaica Limited and Peter Asher
Civil procedure - Sections 152, 158, 162 and 168 of the Registration of Titles Act - Sections 3, 4 and 27 of the Limitation of Actions Act - Whether the Claim is statute barred - Whether the Defence of laches is available - Whether properties owned by the Claimant were fraudulently transferred to the 1st Defendant- Evidence of handwriting experts.
Barrett, evon v Kidd, Andrew, Dyke, Loveine and Nepal Development Limited
Company Law - Section 115 of the Companies Act - Breach of Agreement - Whether the Claimant is the beneficial owner of shares in the 3rd Defendant - Whether the share capital of the 3rd Defendant should be rectified pursuant to section 115 of the Companies Act
Ascendancy Caribbean 1 Limited v Berry, Hansley and Lawrence, Deleta
Civil Procedure - Application for Summary Judgment on part of claim- Part 15 Civil Procedure Rule, 2002 - Whether the Defendants have a real prospect of successfully defending the claim - Whether the Claimant is entitled to summary judgment of the claim.
Cabletron Network Systems Limited v Maud Interconnect Systems Limited and Home Time Entertainment Limited
Injunction - Application for Interim Injunction pursuant to Section 49(h) of the Judicature (Supreme Court) Act - Rules 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 - Whether there is a serious issue to be tried – Whether damages an adequate remedy - Balance of convenience - Preservation of status quo.
Nelson, O'Neil v Adams v Adams, Wilwood
Breach of Contract - Whether there is a valid contract - Whether contract void for consideration - Whether principle of promissory estoppel applicable
Seal Construction Company Limited, First Tropical Properties Limited et al v Herzog Contracting Corporation and Herzog Jamaica Limited et al
Rules 15, 26 and 41 Civil Procedure Rules, 2002 - Whether the matter should be struck out against the 4th and 5th Defendants - Whether summary judgment should be granted.
Mechanical Services Limited v ZDA Construction Limited
Breach of Agreement – Subcontractor Agreement - Liquidated damages - Whether Claimant entitled to sums withheld as liquidated damages - What rate of interest should be imposed.
C & F Finance Limited v Salmon, Petula
Breach of Contract - Whether all the essentials of a valid contract have been met - Whether the parties had an intention to create legal relation.