2015

Maco Management Inc. v The Proprietors, Strata Plan 440 and Strata Appeals Tribunal

Application for Leave to Apply for Judicial Review - Rule 56 of the Civil Procedure Rules (CPR) – Whether Requirements Satisfied – Whether Strata Corporation in Breach of National Water Commission Act and Office of Utilities Regulation Act – Whether Decision of Strata Appeals Tribunal Irrational and/or Unreasonable.

 

Hyde, Victor v E Phil & Sons A S Ltd. and the Attorney General of Jamaica Consolidated with Stewart, Mitsy v E Phil & Son A S Ltd. and the Attorney General of Jamaica

Court's consideration as to whether it should make a striking out order on its own inititative - Distinction between application to strike out on ground that statement of case of defendant discloses no reasonable basis for defendint the claim and an application for summary judgment on ground that defence has no realistic prospect of success - Summary judgment cannot be obtained against the crown - Striking out order only to be made in plain and obvious cases

 

Gordon, Goreth v Gordon, Elvis

Whether husband’s business and other assets purchased therefrom are matrimonial property – Application by Wife who worked in business for division of matrimonial property – The Property (Right of Spouses) Act, Section (14) – Whether wife entitled to a share of matrimonial property

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