VRL Services Ltd v Sans Souci Ltd

Case Number: 
HCV 02205/2004
Date of Delivery: 
09.11.2004

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO HCV 02205/2004

BETWEEN VRL SERVICES LIMITED CLAIMAhNLT

AND SANS SOUCI LIMITED DEFENDANT

IN CHAMBERS

Dr. Lloyd Barnett instructed by Hugh Hart of Hart, Muirhead and Fatta for

the claimant

Mr. Stephen Shelton and Miss Haydee Gordon instructed by Noel Levy of

C'j ' Myers, Fletcher and Gordon for the defendant 2

November 8 and 9,2004 1

Sykes J (Ag)

APPLICATION TO SET ASIDE PERMISSION TO ENFORCE ARBITRATION

AWARD

1. On Septerr~ber 22, 2004, Reid J granted permission to VRL Services Ltd (VRL)

to enforce its arbitration award against Sans Souci Limited (SSL). Section 13 of the

Arbitration Act authorised this course. SSL now applies to set aside the order or in

the alternative to stay execution of the award until the final determination of SSL's

application in Claim No. 2004 HCV 2161. The grounds on which it relies are

a) VRL's application was made ex parte and it failed to disclose to Reid J that SSL

had filed a challenge to the arbitration award before VRL had applied to

enforce the award;

b) SSL should have the opportunity to argue its case first since it was filed first;

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