2021

Exclusive Holidays of Elegance Limited v ARC Systems Limited

Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.

Barnes, Isabelle v Barnes, Christopher

Family - Children (Guardianship and Custody) Act - Maintenance Act - Jurisdiction to grant interim order for maintenance of children pending determination of substantive claim for their custody and care and control.

Leiba, Collin Anthony v Leiba, Ulric Charles

Civil Procedure - Executors not parties to proceedings - Whether relief in the nature of administration claims can be sought and granted if pursued by way of Notice of Application for Court Orders in existing proceedings concerning the estate to be administered by executors.
Interpretation - Section 13(2) of the Trustees, Attorneys and Executors (Accounts and General) Act.

Regina v Taylor, Dwayne

Sentencing after trial- Section 20 1(b) of the Firearms Act- Illegal possession of firearm- Illegal possession of ammunition

Burrell, Ackelie v McLeod, Raymond

Motor vehicle accident - Negligence - Breach of duty of care - Assessment of damages - Special damages - Medical expenses - Whether the claimant is entitled to claim portion of expenses paid by his Health Insurance - Future medical expenses - No mention of this item in the particulars of claim or the claimant’s evidence - First time it is mentioned is in the supplemental submissions - Whether the Claimant is entitled to an award - General damages - Pain and suffering and loss of amenities - Handicap on the labour market.

Charley's Windsor Hours Limited v Prime Minister and Minister of Economic Growth & Job Creation

Judicial review – Application for leave to apply for judicial review – Threshold test: Whether the applicant has an arguable case for judicial review with a realistic prospect of success - Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principles of illegality and irrationality – Whether statutory authority acted illegally and irrationally - Duty to give reasons – Whether the decision of the statutory authority should be set aside for failure to give reasons

CEAC Outsourcing Company Limited v Natural Resources Conservation Authority, National Environment and Planning Agency, The North East Regional Health Authority et al

Amendments to Fixed Date Claim Form after Case Management Conference – Civil Procedure Rules 20.4 and 1.1 – New Cause of Action – Constitutional Claims – Charter of Rights 13(3)(h) – Whether Charter of Rights applies to Companies – Section 9 of Natural Conservation Authority Act – section 2(2) of the Natural -
Resources (Prescribe Areas) (Prohibition of Categories of Enterprise, Construction and Development) Order, 1996.

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