2014

Civil Procedure - Applications for court orders - Applications made pursuant to liberty to apply clause in a consent order - Whether application for disclosure and verification of sums a variation of the consent order - No requirement for disclosure or verification in the relevant paragraph of the consent order - Whether the liberty to apply clause may be used for such applications - No fraud, misrepresentation or change of circumstances.

False Imprisonment – Malicious Prosecution – Assault – Trespass – Complainant and Claimant complain of Carnal Abuse – No attendance of Complainant at court proceedings – Claimant charged with Attempting to Pervert the Course of Justice
– Claimant claims Damages – Exemplary Damages – Aggravated Damages –
Claimant’s claim fails – No damages awarded.

Construction Contract - Breach of contract - Whether contract required parties to arbitrate – Whether architect had authority to certify claim – Effect of architect’s interim and final certificates - Whether sum due on earlier certificate can be paid on later certificate - Whether payment made gratuitously - Whether oral contract is ‘Cost Plus’- Whether claimant entitled to compound interest - Whether claim ought to be determined on quantum meruit basis - whether claim statute barred.

Claim for Possessory Title – Limitation of Actions –Bus Park -- Whether Claimant occupied in his own right and had animus possidendi – Whether Claimant was in possession for 12 years.

Negligence – Defence as to quantum – Assessment of Damages – Knee injury – Scarring – Whether necessary to cross examine in order to make submission challenging evidence.

Constitutional redress- Judicial Review - Unless Order - Claim served without seal in breach of Unless Order - Whether claim to be struck out - Applicant also in apparent contemptuous breach - Whether application to be heard - Application for relief from sanctions.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
I CLAIM NO. 2013 HCV 00215
BETWEEN MISTELLE CORINE BROWN-WEST CLAIMANT
AND BERESFORD ELISHA WEST DEFENDANT
Mrs. Yvonne Ridguard for the Claimant
Mr. Garth McBean Q.C. instructed by Green & Moodie for the Defendant
Heard: July 3 and October 29,2014
Matrimonial PropertyISections 2, 6 and 7 of the Property
[Rights of Spouses] AcUdefinition of the 'family home'/
Sections 12 [I], 13, 14 - lump sum paymenUdivision of
other property
Straw J

IN THE SUPREME COURT OF JUDICATURE
THE CIVIL DIVISION
CLAIM NO. 2014 HCV02278
BETWEEN RURAL TRANSIT ASSOCIATION LIMITED APPLICANT
AND JAMAICA URBAN TRANSIT COMPANY LIMITED 1st RESPONDENT
AND COMMISSIONER OF POLICE 2nd RESPONDENT
AND OFFICE OF UTILITIES REGULATION 3rd RESPONDENT
IN CHAMBERS
Mr. Hugh Wildman and Ms. Keiva Marshall, instructed by Hugh Wildman & Co. for the Applicant.
Mr. Walter H. Scott, Q.C. and Mr. Matthieu Beckford instructed by Rattary Patterson Rattary for the 1st Respondent.

IN THE SUPREME COURT OF JUDICATURE
THE CIVIL DIVISION
CLAIM NO. 2014 HCV 02813
BETWEEN ROYDEN RIETTIE CLAIMANT/ APPLICANT
AND NATIONAL COMMERCIAL BANK 1ST DEFENDANT
JAMAICA LIMITED
AND FITZ JACKSON 2ND DEFENDANT
AND CEMENT JAMAICA LIMITED 3RD DEFENDANT
IN CHAMBERS
Mr. Vincent Chen instructed by Chen, Green & Co. for the Claimant.
Mr. Ransford Braham Q.C., Mr. Hadrian Christie and Mr. Jerome Spencer instructed by Patterson Mair Hamilton for the 1st Defendant.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO. CL 1993/E 083
BETWEEN RBTT BANK JAMAICA LIMITED CLAIMANT
AND YP SEATON FIRST DEFENDANT
AND EARTHCRANE HAULAGE LIMITED SECOND DEFENDANT
AND YP SEATON & ASSOCIATES THIRD DEFENDANT
COMPANY LIMITED
CONSOLIDATED WITH
CLAIM NO CL 1993/S 252
BETWEEN YP SEATON CLAIMANT
AND RBTT BANK JAMAICA LIMITED DEFENDANT
IN OPEN COURT