2021

McCrobie- Walker, Elleta (Administratrix of the Estate of Violet McCrobie) v McCrobie, Elaine and Francella McLeod-Huggins (Administratrix of the Estate of Labian McLeod)

Application to enter default judgment - Application to strike out claim or alternatively for extension of time to file defence - Preliminary objection - Rule 21.7 of the Civil Procedure Rules - Whether claim which was commenced after the death of the defendant without a personal representative for the deceased’s estate being appointed is valid - Whether representative for deceased defendant’s estate can be appointed under rule 21.7 after the filing of the claim.

Dixon, Gene Michael (trading as Building Interamericas Company) v The Jamaica Union Conference of Seventh Day Adventists Limited

Civil Procedure - Rule 13.3 of the Civil Procedure Rules - Setting aside of default judgment - Whether default judgment entered against a party who was not named but who filed an acknowledgment of service admitting to service and intending an intention to defend the claim should be set aside - Whether the default judgment should be varied for entry against the named defendant where the named defendant did not file acknowledgment of service or defence - Rule 13.3 - Whether the default judgment for specified sum should be varied

Persichilli, Benedetto v Taddeo, Leo and New Era Homes 2000 Limited

Civil procedure - Application to strike out - Whether abuse of process - Whether basis for section 213A claim under Companies Act - Whether settlement agreement between all directors and shareholders a bar to proceeding - Whether prolix pleadings - Whether omission of certificate of truth renders claim null and void - Whether delay a bar to the application - Whether consent order make it unjust to strike out claim.

Chablal, Shaun v 21st. Hapilos Digital Distribution Inc.

Application for Interlocutory Injunction – Alleged copyright infringement-Whether distribution agreement lawfully terminated - Whether damages an adequate remedy - Whether balance of convenience favours the grant rather than the refusal of an interlocutory injunction.

Re Customer Information Order

Proceeds of Crime Act - Customer Information Order - Whether reasonable grounds to suspect offence has been, is being, or is about to be committed - Applicable test.

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