Brown, Mark v The Attorney General Of Jamaica etal

Case Number: 
C.L. 2000/ B-011
Date of Delivery: 
29.03.2001

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO: C.L. 2000/ B-011
BETWEEN MARK BROWN PLAINTIFF
AND THE ATTORNEY GENERAL OF JAMAICA 1 ST DEFENDANT

AND DET. CONS. WAYNE WELLINGTON 2NDD EFENDANT I
Jeffrey Daley, Esq., instructed by Rattray, Patterson, andRattray for the Plaintiff,
Mrs. k Ferguson-McNair instructed by the Director of State Proceedings for the 11'
Defendant.
Second Defendant Not Appearing or Represented
JUDGMENT
IN CHAMBERS
This mattersame on for hearing in Chambers on the 29'h day of March, 2001, by way of -
cross summonses, one on the part of the Plaintiff for an Order to proceed to assessment af
damages, and the other hand, one on the part of the 1"' Defendant, to set aside the
interlocutory Judgment in default of defence which had been secured by the Plaintiff. It
was decided that the application to set aside and grant leave to file defence out of time
should be heard first as, depending upon the outcome of that Summons, it might not be
necessary for the other summons to be pursued. This course is consistent with that
suggested as the appropriate one by Campbell J.A. in Jamaica Record, Rickett~~
Mavne. et a1 v Western Storage Limited 119901 27 J.L.R 55 at Dage 57 Para 8.
After the hearing on March 29,2000, I stated that in deference to the arguments advanced
and the authorities cited by the parties, I would reserve judgment and hand down a
written judgment. In hrtherance of that undertakjgr, I now provide this decision.

This is yet another case where a citizen sues the w e and for whatever reasons, a defence
is not filed within the ti* &died for such filing and the plaintiff seeks to proceed to

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