Contracts & commercial / Jamaica / Judgment report
Missing rental records did not prevent an assessed income award
The court estimated receipts from available evidence while still deducting reasonable operating expenses.
Garett Muir was awarded approximately J$3.08 million for his share of rental income from a property investment after the Supreme Court assessed damages on 21 January. His entitlement to a twenty per cent share had already been established; the remaining task was to quantify it.
The company had not supplied full financial disclosure. The judge used the available revenue statements, lease terms and admissions to estimate later receipts, refusing to let missing information make assessment impossible. The claimant nevertheless retained the burden of proving income; the decision did not simply reverse that burden because records were withheld.
The award was based on net rather than gross receipts. The court allowed reasonable operating expenses using earlier figures as a guide, but rejected particular deductions and an alleged payment where available proof had not been produced. It also declined to assume unsupported yearly increases in expenses.
Damages were fixed at J$3,078,222, with interest at six per cent from the judgment date until payment and costs to be agreed or taxed. The ruling illustrates a reasoned assessment from incomplete evidence, not permission to recover whatever estimate a claimant advances.
Damages assessment following an earlier judgment on entitlement. The reported award follows the final disposition rather than an independent reconstruction of the printed arithmetic. Complete official judgment reviewed; subsequent appeals or treatment have not been checked.
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