2024

Judicial Review – Redundancy – Whether the Industrial Disputes Tribunal has jurisdiction over an industrial dispute concerning termination by way of
redundancy when referral by the Minister of Labour uncontested
Labour Relations and Industrial Disputes Act, Employment (Termination And
Redundancy Payments) Act
Civil Procedure Rules, 56.2(1), 56.2(2)(a)

Constitutional Law – Separation of Powers – Right to due process – Whether
breach of the right to a fair hearing – Whether as presently constituted the
Industrial Disputes Tribunal is an independent and impartial authority
Constitution of Jamaica (Order in Council), 1962, sections 7(2), 8(2) - Charter of
Fundamental Rights and Freedoms, section 16(2) - Labour Relations and Industrial
Disputes Act, sections 7(2) and 8 (2)(c), Second Schedule, sections 1, 2, 3, 4 and 7.

Sale of Goods – New car – Implied condition as to fitness for purpose – Implied
condition as to merchantable quality – Whether fraudulent misrepresentation –
Repairs under manufacturer’s warranty – Acceptance by buyer – Application of the
provision – Specific article - Sales of Goods Act, sections 2, 12, 15, 35, 60.

Civil Practice and Procedure – Inter-Partes Hearing on Application for Extension of
Interim Injunction – Whether or not the Claimants have a case with a real prospect
of success – Whether Claimants have put sufficient evidence before the Court that
they have a real prospect of success in establishing a beneficial interest in the
property.

Mortgagee/Mortgagor dispute – Whether loan disbursed - Mortgagee exercising power of sale – Absence of proper records proving application of net proceeds of sale – Whether costs should be awarded on an indemnity basis against mortgagee.

Judicial Review – Whether available alternative remedies are to be considered at the substantive hearing if not addressed at the leave stage – whether the Court can in its own discretion send the matter to the Appeals Tribunal if it is of the view that judicial review should not be granted

Civil Procedure Rules, 2002 - Application to extend time to file defence -  Whether delay inordinate - Whether good reason for delay - Whether defence has any real prospect of success - Fraud - registered title.

Application to revoke order previously made using CPR rule 26.1(7) – Application for leave to appeal – Whether declaratory reliefs may be granted on an ex parte application for default judgment – Whether prerequisites of CPR rule 12.10(4) and (5) were satisfied – Whether absence of reasons for decision is a basis for granting leave to appeal.

Civil Procedure Rules, 2002 - Application to extend time to file defence - Whether delay inordinate - Whether good reason for delay - Whether defence has any real prospect of success  - Fraud - Registered title.

Commercial Law - Building Contract for luxury villa – Breach of Contract – Whether
Unjust Enrichment - Quantum Meruit – Whether Collateral Contract – Defective work