Bank of Nova Scotia v Emile Elias & Company Ltd

JurisdictionBarbados
Date1992
Year1992
CourtCourt of Appeal (Barbados)
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15 cases
  • Michael Blackburn v Liat (1974) Ltd
    • Antigua and Barbuda
    • Court of Appeal (Antigua and Barbuda)
    • 16 September 2008
    ...be implied in a contract if it is necessary to do so: "The test of implication is necessity." per Sir Denys Williams CJ inBank of Nova Scotia v Emile Elias & Co Ltd. 46 WIR 33 quoting with approval Lord Scarman's judgment in the Privy Council case of Tai Hing Cotton Mill Ltd. v Liu Chong Hi......
  • Ruthlyn Small v Terry Small
    • Barbados
    • High Court (Barbados)
    • 21 August 2020
    ...has a good defence which has a real prospect of success. The principles applicable have been set out by this Court in Bank of Nova Scotia v Emile Elias & Co. Ltd (1992) 46 WIR 33. We therefore bear those principles in mind.” 28 A similar approach was seen in the case of Smith v Medrington ......
  • Ministry of the Public Service Information and Broadcasting v Vincent Marcel
    • St Lucia
    • Court of Appeal (Saint Lucia)
    • 14 March 2019
    ...Court cannot be called upon to imply such a term. Attorney General of Belize v Belize Telecom Ltd [2009] UKPC 10 applied; Bank of Nova Scotia v Emile Elias & Co Ltd (1992) 46 WIR 33 applied. 5. Vacation leave is not money. The respondent could not retire when he did and then several years......
  • Ministry of the Public Service Information and Broadcasting v Vincent Marcel
    • St Lucia
    • Court of Appeal (Saint Lucia)
    • 14 March 2019
    ...Court cannot be called upon to imply such a term. Attorney General of Belize v Belize Telecom Ltd [2009] UKPC 10 applied; Bank of Nova Scotia v Emile Elias & Co Ltd (1992) 46 WIR 33 applied. 5. Vacation leave is not money. The respondent could not retire when he did and then several years......
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