Harris, Henry v Mario Fyffe, Marie Lopez-Gordon

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2005lHCV2562

BETWEEN HENRY HARRIS CLAIM ANTIRESPONDENT

A N D MARIO FYFFE DEFEND ANTIAPPLICANT

A N D MARIE LOPEZ-GORDON DEFENDANTIAPPLICANT

Mrs. Suzette Campbell instructed by Campbell & Campbell for

DefendantIApplicants.

Mr. Richard Reitzin instructed by Reitzin & Hernandez for

ClaimantIRespondent .

Application to set aside default judgment and for iudgment on admission to ,)

be entered instead - whether rule 13.3 of the CPR allows such an application

Heard: 21" June, and 3oth July, 2007

Coram: Brooks, J.

The Defendants Mr. Mario Fyffe and Mrs. Marie Lopez-Gordon have

made an unusual application. They seek to have set aside, a judgment which

was entered against them in default of defence. They however do not wish

to contest the issue of liability as do most applicants in that position. They

wish instead, to have a judgment on admission entered in favour of the

Claimant Mr. Henry Harris, and to be allowed to file a defence contesting

the quantum of damages to be awarded to him.

Mr. Reitzin, representing Mr. Harris, vigorously opposes the

application. He asserts that there is no real prospect of defending the claim