West-Lehmann, Antoinett v Lehman, Peter

Matrimonial property – Division of property – Property (Rights of Spouses) Act., Sections 2, 6, and 7 - Maintenance – Whether child is a child of the marriage – Spousal maintenance.

Peralto, Neville and Chin-Peralto, Carla v COK Sodality Co-operative Credit Union Ltd.

Application for prohibitory and mandatory injunctions - Ultimate test for grant - Court should adopt the course that will cause the least irremediable prejudice to one or the other party - Adequacy of damages - Balance of convenience - No exceptional circumstances justifying departure from Marbella principle - Effect of delay on application for injunctive relief - Disirability of preserving status quo.

Sterling-Simms, Faith v Simms, Gifton

Matrimonial Property – Parties divorced – Division of property acquired during the marriage –The Property (Rights of Spouses) Act, Sections 12, 13, 14 and 15.

Kennedy, Sheneka v New World Realtors Limited

Civil Procedure – Application to set aside default judgment regularly obtained for failing to file defence –– No affidavit of merit – Whether there is justification to waive the requirement for an affidavit of merit – Overriding Objective – Rules 13.2 and 13.3 of the Civil Procedure Rules
Costs – Whether wasted costs order to be made – Rules 64.13 and 64.14 of the Civil Procedure Rules



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Strategic Plan for the Jamaican Judiciary 2019-2023