2019

Imperial Suites Hotel Limited v Johnson, Leroy

Application for striking out of Defence and/or Summary Judgment – Whether there exists reasonable grounds for defending the claim pursuant to rule 26.3(1)(c) of the Civil Procedure Rules or a real prospect of successfully defending the claim pursuant to rule 15.2(b) of the Civil Procedure Rules – Defendant lacking locus standi as either shareholder or creditor of company to defend action on behalf of company – The company was the mortgagor and has a separate legal personality – Only the company has the legal standing to challenge the transfer of title pursuant to mortgagee’s power of sale –

Davis, Devon Mark v Marajah, Karen

Civil Practice and ProcedureNotice of Application to file Defence and Counterclaim out of time - Rules 10.3 (1), 10.3 (9), and 26.1 (2) (c) of the Civil Procedure Rules - Factors to be considered by the Court in deciding whether to grant an extension of time.

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