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Judgment · jid 4124 · pdb #1685

Constantino Aydoc and Analyn Aydoc v Lorimar Development Ltd - Judgment

Civ App 0017/2018 · 2019-09-04

Breach of construction contract; Admissibility of hearsay evidence; Procedural fairness; Hearsay under Evidence Law; Judicial discretion in admitting late evidence

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In the Court of Appeal of the Cayman Islands — Civil Division
Cause No. Civ App 0017/2018
Between
Constantino Aydoc and Analyn Aydoc
- v -
Lorimar Development Ltd - Judgment
Before
Goldring P, Martin JA, Morrison JA
Judgment delivered 2019-09-04

IN THE COURT OF APPEAL OF
developer, was not liable to the appell
in preference to the tiles chosen by Lor
wrongly excluded evidence given by Mr Ay
appeal give the appellant “three clear
Registrar, who will then give notice to
by the rules "upon such terms,
departure from the relevant provisions to justify our

After taking possession, the

The Aydocs went on
replacing them, is [sic]
7) Legal costs of CI$1
tiles themselves but with their installation”. And
out that the case had been adjourn
[the Aydocs’] claims”
the Plaintiffs does not satisfy this Court

Although, as I have
The admissibility issue 47
"45. (1) In
document, the form and contents of that

And finally, as far
on41. Fourthly, the

In my respectful view,
conferred on the court by O.
observed51, "[t]
given to it; and (iii)
consider what action to take in response to
tile damage: rather, it dismissed it
the statement; nor, save for the
to the wholly unsatisfactory way in

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