Bennett, Hugh and Bennett, Jacqueline v Williams, Michael

Case Number: 
2013HCV00752
Neutral Citation: 
[2013] JMSC Civ 194
Date of Delivery: 
22.11.2013

Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of Attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by court in deciding whether to grant an extension of time for filing defence - Length of delay - Reasons for delay - prejudice to claimant - Whether proposed defence has a realistic prospect of success - Forfeiture of purchase price deposit pursuant to land sale agreement - Whether defendant entitled to forfeit deposit.

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