Business & insolvency / Jamaica / Interim ruling
Petroleum dispute appeal exposes limits of sweeping interim restraints
The Court of Appeal accepted the need for interim protection but rejected restrictions that would have forced former directors out of competing companies.
Written reasons dated 30 October 2026 explain the partial success of John Levy, Courtney Wilkinson and two companies in their appeal involving West Indies Petroleum. The appeal concerned temporary orders made in 2021, not a final ruling on allegations of diverted business opportunities, misuse of information and interference with contracts.
Two provisions went too far: their effect would have required Levy and Wilkinson to dispose of shares in Ecomarine and Eco Petroleum and cease being directors. The appeal court found that other injunctions sufficiently protected the interests asserted, without those additional restrictions and their likely irreparable prejudice.
The judges nevertheless upheld the finding that there were serious issues for trial. Depending on the circumstances, duties concerning corporate opportunities can survive a director’s departure. Competing accounts of the men’s conduct required resolution at trial, rather than findings of liability on the injunction application.
The appellants received half their appeal costs. West Indies Petroleum also succeeded against the costs penalty imposed below: costs became costs in the claim. No costs order was made on the counter-appeal.
Written reasons dated 30 October 2026 for previously made appellate orders concerning interim relief. The document lists hearings on 29–30 November and 1 December 2023 but does not expressly date those orders. This is not a final merits judgment or confirmation that particular restraints remain operative today. Later proceedings and appellate treatment were not checked.
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