[2025] JMSC Civ. 92
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO. SU2020CV03275
BETWEEN
VELROSE COUSINS
CLAIMANT
AND
CHESTER PASSLEY
1st DEFENDANT
AND
AND
CAMECA PASSLEY
CHESTER PASSLEY
(In his capacity as Executor of
the Estate of JOHN PASSLEY)
2nd DEFENDANT
3rd DEFENDANT
IN CHAMBERS
Nicholas Chambers, Attorney-at-Law, instructed by Legal Chambers and Shakeira Dunkley, Attorney-at-Law, of counsel, for the Claimant

[2025] JMSC Civ. 125 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CIVIL DIVISION CLAIM NO.

Tort – Negligence – Duty of Care – Breach of Duty – Nature of Duty of Care Owed – Whether Duty of Care Owed was Breached by the Defendant.

Civil Practice and Procedure – Application to Strike Out Counterclaim – Whether the Counterclaim filed against the Claimant should be struck out as disclosing no reasonable grounds for being brought -  Application for Appointment of Expert Witness – Whether Defendants’ proposed expert witness is able to give independent and unbiased assistance to the Court to resolve the issues in dispute - Civil Procedure Rules – Rule 32.4

Tort – Malicious Prosecution – Whether or not the 2nd Defendant had reasonable and probable to prosecute the Claimant for the offences charged.

False Imprisonment – Whether or not the 2nd Defendant lawfully arrested and detained the Claimant – Whether or not the length of time for which the Claimant was held before being considered for bail or before facing the Court was unreasonable.

Civil Practice and Procedure – Application to Amend Particulars of Claim – Application to Amend Particulars of Claim to Add New Cause of Action Outside of Limitation Period – Whether New Cause of Action Founded Upon Same Facts as Already Pleaded – Whether Amendment at this Stage Should be Allowed.

Application to set aside orders made on a Fixed Date Claim Form - Application for Inunction – Factors to consider

Summary judgment – Breach of contract – Whether contract is unenforceable for being in breach of Statute – Statutory illegality vs Common-Law Illegality – Unjust enrichment – Breach of contract

Civil Procedure - Application to strike out claim for abuse of process – Whether claim barred by issue estoppel, res judicata or a collateral attack on an earlier decision – the effect of the filing of an appeal against the earlier decision – Civil Procedure Rules 26.3(1)(b), 26.1(2)(e)

Injunction – Application for interim injunction – Whether the threshold test for the grant of an injunction has been met – Whether the applicant has demonstrated on a preponderance of the evidence that there is a serious issue to be tried – Fraud – Whether there is sufficient cogent evidence before the court to establish fraud – Presumption of advancement – Whether the presumption of advancement has been rebutted on the evidence – Balance of convenience – Whether the balance of convenience lies in favour of granting the injunctive relief sought – Damages.