2010

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2009lHCV 00036

BETWEEN CABLE AND WIRELESS JAMAICA lSCt LAIMANT

LTD. (trading as Lime)

AND OCEANIC DIGITAL JAMAICA 2ND CLAIMANT

LIMITED (trading as Claro)

AND DIGICEL (JAMAICA) LTD. DEFENDANT

Mr. Gordon Robinson and Ms. Avrine Bernard instructed by Brady & Co. for the

2nd Claimant.

Mr. Paul Beswick, instructed by Ballantyne, Beswick & Co. for Defendant.

Mrs. Denise Kitson instructed by Grant Stewart Phillips & Co. for the lSCt laimant.

Personal injury - Injury to worker on the job - Loss of phalanx of finger - Claim for handicap onthe labour market - Whether sustainable - Whether employer liable - If so, whether claimant contributorily negligent.

Application for interlocutory injunction - Statutory  mortgagee seeks to restrain institutional mortgagee - Whether exercise of power of sale should be postpones to the grant of approval by statutory mortgagee - Aqequacy of damages - Delay and acquiescence.

Winding up in progress - Type of winding-up 

SUMMARY JUDGMENT APPLICATION UNDER PART 15 OF THE

C.P.R. - TIME BAR PROVISION IN INSURANCE POLICY - WHETHER

INSURER ENTITLED TO RELY ON CLAUSE - WHETHER CLAUSE

VOID AS BEING CONTRARY TO PUBLIC POLICY - WHETHER

APPLICATION NOTICE SUFFICIENTLY IDENTIFIED ISSUESRELIANCE

ON WITHOUT PREJUDICE CORRESPONDENCE -

WHETHER CLAIMANT HAS NO REAL PROSPECT OF SUCCEEDING

ON THE CLAIM

Vicarious liability - Whether person employee of company - Independent Contractor - Whether court on mnotion can rise issue of summary judgment at trial.