2015

Dunkley, Carlton v Chen, Jeremy and Chen, Lisa

Breach of Contract – Oral Agreement for sale and purchase of Motorcar – Recovery of sum due and owing – Interest at Commercial Bank Rate - Beneficial and Legal owner - Counterclaim – Failure of Consideration – Rental Arrears – Insufficient evidence – No receipt of payment - No date of payment – Substantial deprivation of Benefits – Least difficulty or embarrassment caused by burden – Proof of positive proposition preferred than negative proposition – Judgment for the Claimant.

Griffiths-Brown, Corrine v Brown, Conrad James

Division of Property – Whether subject property was family home whether subject property was a gift to the Defendant – whether Claimant made contributions to improvement of family home – whether Claimant entitled to beneficial interest therein – Proprietary Estoppel – whether Claimant entitled to interest in animals: Property (Rights of Spouses) Act 2004 Sections 6, 7, 2 and 13

Television Jamaica Limited v CVM Televison Jamaica Limited

Injunction - Copyright – Sections 53 and 54 of Copyright Act – Whether Defendants use of copyrighted material is lawful – Whether Fair Dealing exception applies – Interlocutory Injunction – Test where Interim Injunction gives entire remedy.

Riley, Roydel v Burke, Ephraim; Lawrence, Julius et al

Application to Set Aside or Vary Order Granting Permission for Filing Ancillary Claim – Whether Appropriate Application – Whether Applicants Should Have Filed Appeal against Order – Whether Ancillary Claim Appropriate Based on the Grounds Stated – Provision in Policy of Insurance for Arbitration – Whether Ancillary Claim Should Await Outcome of Arbitration of Issues – Subrogation – Alleged Negligence of Attorney-at-law.

ISP Finance Services Ltd. v E.W. Abrahams & Sons Ltd.

Assignment of Debt – Whether there can be an assignment of the value of items to be sold pursuant to a consignment agreement where there is no sale - Whether acknowledgment and promise to pay on a Notice of Assignment constitutes an irrevocability liability.

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