Fulton, Sally v Ramson, John and Others
Company Law – S.213A of the Companies Act – Shareholder Oppression Remedy – Valuation of shares – Whether to apply Minority Discount – Whether real property was a redundant asset – Beneficial Ownership of Shares – Vendor-Purchaser Constructive Trust
Re Gordon Arthur Cyril Stewart and the Companies Act and the Trusts Act
Civil Procedure - Application to strike out claim – Public Accountancy Act -
Appointment of foreign accountant - Trusts Act - Whether applicable to
executors - Whether the claim discloses reasonable grounds to bring the action
- The Civil Procedure Rules 26.3 (1) (c).
Whittaker, Garey v Kidd, Andrew and Others
Civil Procedure – Application to Strike Out Claim – Application for Interlocutory Injunction – Application to Extend Time To File Defence – Application for Default
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Judgment – Application for Immediate Taxation Of Costs – The Judicature (Supreme Court) Act s. 49(h) – The Companies Act s.10(1), Article 59 of Table A, Article 57 of Table A – Civil Procedure Rules (“CPR”) 2002 (as amended on the 3rd of August 2020) Rules 1, 1.1(2)(a), 9.3 (4),10.3, 10.3(9),17.1(1)(a),17.1(1)(b), 26.3(1)(b), 64.3, 64.5(1), 64.6, 65.8, 65.15 and 65.16.
Allen, Catherine v Ashman, Claudette and Others
Civil Procedure – Civil Procedure Rules - Pensions – Pension Funds – Civil Procedure Rules (“CPR”) 2002, R. 28.4 (1), 40, 40.3
Auto Channel Limited v Chin, Paul Martin and Others
Civil Procedure – Civil Procedure Rules - Summary Judgment – Agreement for Sale – Notice to Complete – Vacant Possession – Rescission of Agreement – Whether Agreement Completed by Delivery of Bank Undertaking for Payment of Purchase Price and Costs – Civil Procedure Rules (“CPR”) 2002, R. 15.6, 10.5, 26.3(1)(b) and (c), 64.6 and 64.6(4)(d).
Fulton, Sally v Ramson, John, Susan Silvera, Christopher Ramson et al
Company Law – S.213A of the Companies Act – Shareholder Oppression Remedy – Valuation of shares – Whether to apply Minority Discount – Whether real property was a redundant asset – Beneficial Ownership of Shares – Vendor - Purchaser Constructive Trust
Hunter, David v Radiant Mutual Limited, Ultra Financier Limited and Marlon Plummer
Civil procedure - Whether fraud, actual fraud or wilful blindness has been proven - Whether negligence has been proven - Damages for wrongful encumbrance and loss of opportunity - Nominal damages
Re: Number three Roxburgh Avenue, Acadia
Civil Procedure – Application for modification of restrictive covenants – Whether objectors to modification of restrictive covenants are required to file affidavit evidence – Whether a trial is necessary – Whether the trial should be held in chambers or in open court – The Jamaica (Constitution) Order in Council, 1962 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 13(3)(g) – The Restrictive Covenants (Discharge and Modification) Act, section 3(1) – Civil Procedure Rules, rules 15.3(c), 26.1(2)(c), 27.2 (7) and (8), 27.11(c
CM Recycling Company Limited v Selnor Developments Limited and Jason Mactavish Smith
Contract – Agreement for sale of land – Cash sale – Notice making time of the essence – Whether period of 21 days reasonable – Whether service by email valid notwithstanding contractual deeming provision – Whether negotiation after expiry of notice operates as a waiver – Whether estoppel applicable – Whether contract lawfully rescinded - Whether relief from forfeiture to be granted.
T.W. Metals Limtied v Fair Trading Commission and ARC Manufacturing Limited
Judicial Review - Claim for Judicial Review – Decision of Fair Trading CommissionLeave granted ex parte – Statutory right of appeal - Whether adequate alternate remedy – Whether absolute or discretionary bar - Whether grant of leave to be set aside - Whether claim an abuse of process - Costs.
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