2014

IN THE SUPREME COURT OF JUDICATURE THE CIVIL DIVISION CLAIM NO. 2011 HCV 04176 BETWEEN ANN-MARIE MENZIES CLAIMANT AND PROPRIETORS STRATA PLAN NO. 210 DEFENDANT IN CHAMBERS Mr. John Givans instructed by Givans & Company for the Claimant. Mr. Kent Cammon instructed by Kent Cammon & Co. for the Defendant. Heard: 8th October 2012 and September 29, 2014 Bye-Laws – Breach of Bye-laws – Arrears of maintenance charges – Disconnection of electricity, water and gas – Whether disconnection is unlawful and repugnant to the Registration (Strata Titles) Act and the general law of the land.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO. HCV 04076 OF 2014
BETWEEN ALEXANDER HOUSE INCORPORATED CLAIMANT
AND THE SALVATION ARMY DEFENDANT
Mr. Abraham Dabdoub & Ms. Karen Dabdoub, instructed by Dabdoub, Dabdoub & Co.
for the claimant.
Mr. Emile Leiba & Mr. Courtney Williams, instructed by DunnCox for the defendant.
Inter-partes Application for Interlocutory lnjunction - Alleged Breach of
Agreement - Whether Terms of Agreement Are As Alleged by Claimant or

IN THE SUPREME COURT OF JUDICATURE
THE CIVIL DIVISION
CLAIM NO. 2014 HCV 03907
BETWEEN GEORGIA WAUGH-RICHARDS CLAIMANT
AND JAMAICA TEACHERS’ ASSOCIATION RESPONDENT
Mr. Seymour G. Stewart, Attorney-at-Law for the Claimant.
Mrs. Caroline P. Hay, Mrs. Trudy-Ann Dixon-Frith and Ms. Janett Levy, Attorneys-at-Law instructed by Taylor Deacon & James, Attorneys-at-Law for the Respondent.
Ms. Kerry-Ann Tracey, instructed by John S. Bassie & Co., an interested party.
Heard: 15th & 19th August 2014.
CAMPBELL J,

Injunction - Application to restrain mortgagee exercising power of sale.

Matrimonial Property - Dissolution of Marriage-Property (Rights of Spouses) Act - 2004 whether residence a “family home” – Whether Claimant entitled to sixty percent share – Whether contribution is enough to displace the equal share rule – Whether shop appurtenant to family home and used wholly or mainly for purposes of household - Declaration as to share in other property.

Statutory interpretation – Sections 29, 31, 32 and 34 of Telecommunications Act – Interpretation of contract. 

Company law – Receivership - Whether directors need leave to apply to set aside default judgment – Derivative action - Whether directors should indemnify company and on what terms.

Matrimonial Property - Claim for 50% share in house and land -Limitation of Actions Act - Whether property rights extinguished - Severance of joint - Tenancy - Effect of unregistered transfer of title -Illegal purpose of transfer - Whether illegality a bar to resulting trust.

Judicial Review – Labour Relations & Industrial Disputes Act – Decision of Industrial Disputes Tribunal – Whether Dismissal Justifiable – Whether Fair Hearing Required if Gross Misconduct Established – Relevance of Industrial Relations Code where there is gross misconduct

Application to strike out  - Whether claim frivolous, vexatious and an abuse of the process of the court - Whether any reasonable grounds for bringing the claim - Parties in previous litigation - Claim compromised and agreement attached in schedule to Tomlin Order filed in court – Terms varied by the parties - Court refused to exercise summary jurisdiction to enforce Tomlin Order - Whether current claim an attempt to enforce original agreement - Whether claim sustainable to prosecute new agreement as varied.