Problem
You are instructed by Morgan & Company Ltd, a well-known manufacturing business registered in Isabella Bank.
They have been served with a claim form in proceedings begun by Jack and Jill Ltd, their former suppliers claiming $100,000 being the price of material sold and delivered to them. They have also been served with an injunction obtained without notice restraining their use of funds, which they hold within your jurisdiction.
They have large funds with their Bankers, which they intend to use to discharge indebtedness to their various suppliers in Jamaica. They intend to contest the claim by Jack and Jill Ltd, on the grounds of defective material. They raised this ground in correspondence immediately after delivery by Jack and Jill Ltd.
Advise Morgan & Company Ltd., on -
i. How they may apply to the court to discharge or vary the injunction.
ii. Any grounds they may have for varying the injunction; and
iii. Any grounds they may have for applying to discharge the injunction.