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Grant Victoria, Linsford Hamilton, Cyril Anderson, Merlina Rowe, Beverly Levermore, Alty Currie, Boblet Campbell, Lawford Fletcher and Edlin Walton v Noranda Jamaica Bauxite Partners, Noranda Jamaica Bauxite Partners II, New Day Aluminum (Jamaica) Limited and the Attorney General of Jamaica

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