2013

Gorstew Limited and Stewart, Gordon v The Contractual General

Application for leave to apply for judicial review — Whether Contractor - General acted ultra vires in seeking to investigate divestment — Application for Orders of Prohibition and Certiorari and for Declarations — Whether grant of leave to operate as a stay of proceedings — If stay inappropriate should interim injunction be granted.

Freight Management Limited v Caribbean Cement Company Limited

Whether tender was accepted - Whether there is a  concluded contract - Whether defendant is estopped by its conduct from relying on certain clauses - Whether claimant entitled to damages - Whether the fact that vessell is not owned by claimant precludes a claim for damages - Whether claim for interest pursuant to the Law Reform (Miscallaneous Provisions) Act must be pleaded - Whether court has jurisdiction to entertain claim for interest after judgment delivered.

Francis, Ivor v Francis, Pearl

Application by Wife for Maintenance – Wife receiving pension and has significant savings – Whether previous receipt of a lump sum from a division of matrimonial property should affect award – Divorce not yet complete – Applicability of Maintenance Act specifically sections 5, 9 & 14 by virtue of section 23 (1) (a) & (2) of the Matrimonial Causes Act.

First Financial Caribbean Trust Company Limited (In Liquidation) v Howell, Delroy and Mitchell, Kenarthur et al

Company law – Insolvency– Private international law  – Appointment of liquidator in winding -up proceedings in foreign court - Claim filed by company for breach of fiduciary duty , contract and fraud prior to winding-up order – Locus standi of liquidator to continue proceedings - Whether need for letter of request from foreign court to Jamaican court seeking assistance – Inherent jurisdiction of the Court to recognize and assist liquidator – Form of recognition - Whether assistance necessary.

Drummond, Josel v Drummond, Faval and Woolley, Pauline

Application for interim injunction – Presumption of advancement – Whether presumption rebutted – Lack of bona fides of party seeking to have presumption rebutted – Exercise of discretion – Failure to fully disclose pertinent information.

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