Adecon Ship Management Inc v Empresa De Navegacion Caribe

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA 

IN COMMON LAW

SUIT NO. C.L. A-087 OF 1999

BETWEEN ADECON SHIP MANAGEMENT INC.

A,ND EMPRESA DE NAVEGACION CARIBE

PLAINTIFF

DEFENDANT

-Heard on October 23. November 8. 2002; February 28. March 14 and March 21.2003;

 Wendell Wilkins instructed by Robertson, Smith, Ledgister & Co. for the Plaintiff

Ms. Daniella Gentles instructed by Livinnston Alexander & Lev for the Defendant

ANDERSON J:

(In March 21, 2003 when I gave judgement for the defendant, I promised to set out my

reasons in writing. This is now in fulfillment of that promise.

This action was co'mmenced by a Writ of Summons filed in the Supreme Court on the 3rd

day of August 1999, by the Plaintiff, a company registered in Canada, against the

tiefendant, a company registered and doing business in Cuba. The issue of the writ arose

csut of a contract signed between the parties. The contract document is the "Towcon

I[nternational Ocean Towage Contract" between the parties to whom I shall refer, as

"Adecon" and "Empresa", respectively.

A brief history of the progress of the action and how we have got to this point may be

usefil. After the filing of the writ, Adecon sought the permission of the court to serve the

writ out of the jurisdiction. It received an order of this court to this effect, and that order