Financial Institutions Services Ltd v Peter Crosswell, Carl Crosswell

Case Number: 
CL. 19971C256
Date of Delivery: 
25.04.2005

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. CL. 19971C256

BETWEEN FINANCIAL INSTITUTIONS

SERVICES LIMITED CLAIMANT

(Substituted Pursuant to the Order of the

Hon. Ms. Justice G. Smith made on the

24th June 1998)

AND PETER CROSSWELL lSTD EFENDANT 1

AND CARL CROSSWELL 2ND DEFENDANT

c; Mr. John Vassell, Q.C. and Miss Shena Stubbs instructed by DunnCox for the Claimant.

Mr. David Henry instructed by Winsome Marsh for the Defendants. ~

Heard loth Januarv 2004, 5th and 25th April 2005

Campbell J.

On the 8th November 2004, the Financial Institutions Services Ltd. (Finsac) filed a Notice

of Application for Court Orders which sought that: ~

(1) The orders made by this Honorable Court on the 26th of October 2004 be set aside. ~

(2) That the Claimant be granted leave to file Witness Statements, Listing Questionnaire

and Statement of Facts and Issues within 14 days of the date hereof.

The grounds on which the Applicant is seeking the orders are as follows; ~

The respondent was absent from the hearing. 1

The Notice and Application relied on by the Applicants were short-served. ~

The Listing Questionnaire filed by the Applicant on the 2oth of October 2004

materially misled the Court.

Had the Respondent been at the hearing, an alternate ruling would have been very

likely.

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