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Donaldson, Matthew v Chescot Brownie, Henry McCurdy, Garth Wilkinson and Registrar of Titles

Court: 
Supreme Court
Subject: 
Injunction
Catchwords: 

Injunction-Application for interim injunction-Whether the threshold test for the grant off an injunction has been met-Whether the application has demonstrated on a preponderance of the evidence that there is a serious issue to be tried-Fraud-Whether there is sufficient cogent evidence before the court to establish fraud-Presumption of advancement-Whether the presumption of advancement has been rebutted on the evidence-Balance of convenience-Whether the balance of convenience lies in favour of granting the injunctive relief sought-Damages-Whether damages are an adequate remedy-Section 49(h) of the Judicature (Supreme Court) Act, Section 11 of the Justices of the Pease Act, 2018, Civil Procedure Rules, 2002, as amended, rule 17

Document Type:

Year: 
2025
Suit/Claim number: 
SU 2024 CV 04793
Neutral Citation: 
[2025] JMSC Civ 82
Judge(s): 
A. Nembhard J