National Commercial Bank Jamaica Ltd v Olint Corporation

JurisdictionJamaica
CourtCourt of Appeal (Jamaica)
Judge PANTON, P. , COOKE, J.A. , DUKHARAN, J.A. (Ag.)
Judgment Date28 July 2008
Neutral CitationJM 2008 CA 65
Judgment citation (vLex)[2008] 7 JJC 2801
Date28 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...

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6 cases
  • Marlene Street-Forrest and Keena Street v Francine Phillipps
    • Jamaica
    • Court of Appeal (Jamaica)
    • 30 June 2011
    ...to decide if damages are an adequate remedy, and in whose favour the balance of convenience lies. Lord Hofmann in National Commercial Bank Jamaica Limited v Olint Corp. Limited Privy Council Appeal No. 61 of 2008, in delivering the opinion of the Board stated that the purpose of the injunct......
  • Darien Investments Ltd v National Commercial Bank Jamaica Ltd
    • Jamaica
    • Supreme Court (Jamaica)
    • 7 April 2011
    ...of courts and thereafter consider the case as a whole. I trust that I shall not be guilty of ‘box-ticking’ (see National Commercial Bank Jamaica Ltd v Olint Corp. Ltd PCA 61 of 2008 (delivered 28 April 2009) 6 Is there a serious question to be tried? 7 The first question to be answered, in ......
  • World Wise Partners Ltd v RBTT Bank Ltd
    • Jamaica
    • Supreme Court (Jamaica)
    • 13 June 2008
    ...... IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CLAIM NO 2008 HCV 02574 . ... WWPL, World Wise and Jade as far as their commercial activities were concerned. The bank felt (again without ...in Olint Corp. Limited v National Commercial Bank Claim No. 2008 ......
  • GS Trucking Ltd v Shipping Association of Jamaica Ltd and James Levy
    • Jamaica
    • Supreme Court (Jamaica)
    • 27 October 2009
    ...or prevented from enjoying an entitlement that it had possessed. The Law 15 (15) The Privy Council in National Commercial Bank (Jamaica) Ltd. v Olint Corp. Ltd. (61/2008) , delivered on the 28 th April 2009, eschewed the approach of first deciding the classification of the injunction. Their......
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