2023

Millard Development Company Limited v Mars, Roxann

Civil Procedure – Rule 15.2 – Application for summary judgment – Whether there is a real prospect of successfully bringing or defending the claim – Real property law – Unpaid purchase price – Whether vendor’s lien created – Whether vendor’s lien abandoned – Whether there was a variation of the agreement for sale – Limitation of Actions Act – Whether the claim for unpaid balance of purchase price is statute- barred – Company law – Whether settlement agreement signed by one director is binding on the company

Miller, George v Smith, Ralston and Sean Smith

Whether unstamped agreement for sale and unregistered vendor’s mortgage are enforceable in equity - Whether equitable mortgagee is entitled to possession of mortgaged Property on default by equitable mortgagors - Whether purchasers and equitable mortgagors of land entitled to an order of specific performance commanding the vendor and equitable mortgagee to register transfer of property to them - Exercise of inherent jurisdiction to make declaratory reliefs as to parties’ status in relation to the property in lieu of order for specific performance.

Richards, Denzel v Hinds, Rowan

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Damages – Pain and suffering and loss of amenities - Special damages

Grant, Peter Ray v Brown, Shelly-Ann

Civil Procedure – Rule 15.2 – application for summary judgment – whether the defendant has a real prospect of successfully defending the claim – Real property – fraud – whether the defence has established a prima facie case of fraud to defeat title of registered proprietor

Evanko, Susan (Executrix of the Estate of Stephan Jurik) v Yetman, Dasa and Zusanna Brechova Soucek et al

Application for removal of Executrix - Duties of an Executrix - Fiduciary duties of Executrix Section 7 of the Trustees Attorneys and Executors (Accounts and General) Act - Section 2 of the Mental Health Act - whether Executrix liable for self-dealing - Whether Executrix mismanaged the affairs of the Estate - Failure to keep proper accounts - Whether beneficiary has capacity to sell his interest in the Estate - Undue influence

Graham, John v Graham, Kristina

Joint Bank account - Parent child relationship - Whether there is evidence of
intention of the parent to be entitled to the beneficial interest in assets in joint
account.
Equity - Whether the presumption of advancement applies to adult child on a parent
to child transfer to displace presumption of resulting trust - Standard of proof to
rebut presumption of advancement - Whether presumption of advancement
rebutted by evidence of contrary intention.

Morrison, Errol Washington v National Peoples Co-operative Bank of Jamaica Limited, Kenneth Tomlinson et al consolidated with Ramon Morrison et al

Interlocutory Injunction – Arbitration Clause-Mortgage by way of guarantee - Whether mortgagee bank should be restrained from exercising power of sale - Borrower not a mortgagor - Whether agreement to arbitrate - Whether borrower has arguable claim - Whether estoppel arises - Whether notice to mortgagor required - Whether Marbella principle is applicable.

Nelson, O'Neil v Wilwood Adams

Breach of Contract - Whether there is a valid contract - Whether contract void for consideration - Whether principle of promissory estoppel applicable

Douglas, Mark v Karnack Hardware Limited

Civil Procedure – Part 20 of the Civil Procedure Rules – Application for amendment of claim – Expiry of limitation period – Whether amendment should be granted – Application to add special damages – Whether affixing documents to the particulars of claim amount to pleading items of special damages

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