2020

Application for summary judgment –Claim by broker for commission on sale of land- Whether defence has real prospect of success- Multi Listing Agreement (MLA)- Whether sale to person “associated or affiliated” to someone with whom broker negotiated - Whether Defendant entered into another “valid, bona fide” MLA- Whether 1st Claimant a party to MLA –Whether Claimants were licensed brokers-Whether triable issues of fact – Attorney swearing affidavit- Whether costs to be allowed –Observations on the use of exhibit schedules.

Admiralty law - Application to be added as an interested party - Judicial sale of Maltese vessel on the application of the mortgagee – Vessel sold to the applicant free of encumbrances - Vessel subsequently arrested in Malta in respect of the same mortgage debt - Judicial sale in Jamaica not recognized by Maltese court – Mortgage debt paid by purchaser to secure vessel’s release - Rule 70.11 of the Civil Procedure Rules, 2002 - Admiralty law - Judicial sale – Distribution of the proceeds – Section 89 (2) of the Shipping Act and rule 70.13 (9) of the Civil Procedure Rules, 2002

Civil Procedure - Proper method of commencing claim for relief of specific performance – Whether fixed date claim form procedure appropriate for claim of conspiracy to defraud - Whether only a portion of a claim can be continued as if commenced by claim form - Test for extension of time for affidavits filed in non-compliance with the Civil Procedure Rules 2002 (“CPR”) – Whether application for

Real Property – Civil Procedure Rules 10.5, 10.7 – No case submission - Joint
tenancy – Severance of joint tenancy – Requirements to sever joint tenancy –
whether claimant has made out a prima facie case - Whether joint tenancy severed
by incomplete transfer.

Division of property – Variation of court order  – Liberty to apply

Admiralty Claims – Arbitration pending – Applications to Stay Proceedings – Section 11 Arbitration Act – Whether Court has an inherent power to stay – Vessel arrested – Security provided for release – Whether security is to be released.

Civil Procedure - Application to set aside judgment entered after statements of case struck out - Whether CPR 26.6 is applicable to a judgment entered by the court after non-compliance with an unless order for attendance at adjourned Case Management Conference - CPR 26.8 - Application for relief from sanctions - Whether application complete without filing of affidavit evidence - Effective date of making of application – Whether application for relief was promptly made.

Civil procedure – Application for permission to amend statement of case – Whether claims to seek damages for breach of contract, and alternatively, damages on a quantum meruit basis amount to new causes of action – Whether additional claims are statute barred – Rules 20.4 and 20.6 of the Civil Procedure Rules, 2002, as amended.

Civil procedure – Application for security for costs – Whether the court should order the claimants to pay security for costs – Part 24 of the Civil Procedure Rules, 2002, as amended.

Defendant company removed from the Register of Companies prior to trial date – Whether trial can proceed in the absence of the defendant pursuant to the Rule 39.5 of the Civil Procedure Rules, 2002, as amended – Whether the defendant company must first be restored to the Register of Companies – Effect of restoration pursuant to sections 336(1) and 337(6) of the Companies Act on the current proceedings.