National Commercial Bank Jamaica Ltd v Olint Corporation

• Jurisdiction: Jamaica
• Judge: PANTON, P. , COOKE, J.A. , DUKHARAN, J.A. (Ag.)
• Judgment Date: 28 July 2008
• Neutral Citation: JM 2008 CA 65
• Judgment citation (vLex): [2008] 7 JJC 2801
• Court: Court of Appeal (Jamaica)
• Date: 28 July 2008

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE PANTON, P THE HON. MR. JUSTICE COOKE, J.A THE HON. MR. JUSTICE DUKHARAN, J.A. (Ag.)

BETWEEN

NATIONAL COMMERCIAL BANK JAMAICA LIMITED

APPLICANT

AND

OLINT CORP LIMITED

RESPONDENT

B. St. Michael Hylton, Q.C., and Miss Carlene Larmond, instructed by Michael Hylton & Associates for applicant.

Gordon Robinson, Mrs. Georgia Gibson-Henlin, instructed by Nunes, Scholefied, DeLeon & Co., for respondent

ORAL JUDGMENT

INJUNCTIONS - Interlocutory - Leave to appeal to Privy Council - Constitution S. 110(2)

PANTON, P.

1 On July 18, 2008, this Court ordered as follows:

"Appeal allowed. Interlocutory injunctions granted as prayed until the trial of the action.

Appellant to give the usual undertaking as to damages.

Counter-notice of appeal dismissed.

Speedy trial ordered.

Costs to the appellant to be agreed or taxed."

2 By notice of motion dated the 21 ^st July, 2008, the applicant now seeks leave to appeal to Her Majesty in Council in respect of that order. The ground on which this application is based is stated thus on page two of the bundle:

"pursuant to section 110(2)(a) of the Constitution of Jamaica the questions involved in the appeal are of exceptional general or public importance and it is desirable in the public interest that the said questions be submitted by way of further appeal to Her Majesty in Council."

3 Section 110(2) of the Constitution provides as follows -

"An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council with the leave of the Court of Appeal in the following cases -

• (a) where in the opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to Her Majesty in Council..."

4 Having read the submissions, and listened to counsel, we have no doubt that the matter which is the subject of the suit may well be of general importance to the public. To say that it is exceptional, we would not go that far at this stage. However, we are of the view that what is most desirable is that the suit ought to be tried in the Supreme Court as early as possible, in keeping with our earlier order for a speedy trial.

5 The instant application seems, with the greatest respect, to be aimed at short-circuiting the trial. That, we cannot countenance as it is important that the issues...