Administrator General of Jamaica (The) v The Attorney General of Jamaica

IN THE SUPREME COURT OF'JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO: C.L. 1996 - A -102

BETWEEN THE AUMlNISTRATOR GENERAL OF JAMAICA PLAINTIFF

(ADMINISTRATOR OF THE ESTATE OF GEORGE

GORDON CHAMBERS, DECEASED)

AND THE ATTORNEY GENERAL OF JAMAICA DEFENDANT

Ms. Dundeen Ferguson, instructed by Ferguson, Campbell & Co, for the Plaintiff. Ms.

Katherine Francis instructed by the Director of State Proceedings, for the Defendant.

Heard on February 16, and March 16,2005

C:

ANDERSON, J.

The real issue before me in this matter is whether the action is statute-barred, and

accordingly ought to be struck out. It arises out of an unfortunate incident on or about the

2"hay of March 1992, when the deceased George Gordon Chambers, then a member of

the Jamaica Defence Force (JDF) received injuries to which he succumbed, when a JDF

ar~noured car driven by a Private Walters and in which the deceased was a passenger,

overturned. The deceased, having died intestate, Letters of Administration were granted

on the 10' day of April, 1996 and the writ of summons was filed on July 10, 1996.

The Administrator General on or around April 2, 1998 was granted a judgment in default

of defence against the defendant. On Jauuary 25, 2002, Wesley James, J. ordered that the

aefault judgment be set aside. The matter was eventually set for case management

conference on October 3, 2003 and at that time the learned judge, Marva McIntosh, J.

ordered that "there be a trial of the issue of the limitation of this Action under the Public

Authorities Protection Act ("the Act") on a date to be fixed by the Registrar". When that

issue came up for trial on the morning of 1 6F~eb~rua ry, 2005, counsel for the plaintiff

applied for an a d b m e n t on the basis that she was not prepared to proceed, as she had

been unable to complete the research necessary. That application was denied, but I agreed

that the plaintiff would have some time to prepare and we would commence at 12 noon.