National Commercial Bank Jamaica Ltd v Olint Corporation

JurisdictionJamaica
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
CourtCourt of Appeal (Jamaica)
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...

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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......
  • World Wise Partners Ltd v RBTT Bank Ltd
    • Jamaica
    • Supreme Court (Jamaica)
    • 13 June 2008
    ... ... AND RBTT BANK JAMAICA LIMITED DEFENDANT ... 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 ... ...
  • 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 ......
  • Auburn Court Ltd v Delbert Perrier and Jamaica Redevelopment Foundation Inc.
    • Jamaica
    • Court of Appeal (Jamaica)
    • 31 March 2010
    ...On this point, in addition to American Cyanamid, Mrs Robinson referred me to the recent decision of the Privy Council in National Commercial Bank Ltd v Olint Corp. Ltd [2009] UKPC 16. 17 Finally, Mrs Robinson submitted that what was being sought in this case was an injunction restraining JR......
  • Request a trial to view additional results

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