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Administrator General of Jamaica (on behalf of the Estate and Near Relations Stephen Lloyd Spencer, deceased) v Cool Petroleum Ltd et al

Case Number: 
2012HCV01702
Neutral Citation: 
[2019] JMSC Civ 181
Date of Delivery: 
16.09.2019

Application to set aside default judgment – Rule 13 of the Civil Procedure Rules (CPR) – Whether application for relief from sanctions under rule 26 of the CPR is required – Requirements to set aside default judgment – Real prospect of success in defending claim is foremost consideration – Applicant must have an affidavit of merit – Waiver of affidavit of merit possible only in exceptional circumstances – Applicant must have acted promptly and have a good explanation for failure to comply – Court still has discretion to set aside judgment where application not prompt and there is no good explanation