Court:
Supreme Court
Keyword(s):
Injunction-Application for the grant of an injunction-Threshold test-Whether there is a serious issue to be tried-Balance of convenience-Whether the balance of convenience lies in favour of the grant of injunctive relief-Irreparable harm-Whether the applicants would suffer irreparable harm should the application for the grant of an injunction be refused-Whether the respondents would suffer irreparable harm should the application for the grant of an injunction be allowed-Application for the grant of an injunction made against the background of a constitutional claim challenging the lawfulness of bauxite mining activities on the part of the defendants-Breach of fundamental rights-Rights to life-Right to receive information-Right to reside in any part of Jamaica-Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage-Right to protection from degrading treatment
Damages-Whether damages are an adequate remedy
Undertaking as to damages-Waiver of requirement for undertaking as to damages-Whether the application for an injunction should properly be granted in circumstances where the applicants are unable to give an undertaking as to damages
Remedies-Whether grant of injunctive relief-Whether award of damages-The Judicature (Supreme Court) Act, section (49(h), Civil Procedure Rules, 2002 rules 17.1(1)(a) and 17.4
Document Type:
Year:
2023
Suit/Claim number:
SU 2022 O2353
Neutral Citation:
[2023] JMSC Civ 6
Judge(s):
A. Nembhard J