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Financial Institutions Services Ltd v Peter Crosswell, Carl Crosswell
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.