J Wray & Nephew Ltd v Solo Jamaica Ltd, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAIC

CLAIM NO. C.L.J. 094/2002

BETWEEN

AND

AND

J WRAY & NEPHEW LllVllTED CLAIMANT

Tlas APPLETON ESTATE RUM TOUR

SOLO JAMAICA LIMITED lSDETFEN DANT

FRED SMITH tlas EXCLUSIVE

HOLIDAYS 2ND DEFENDANT

Mr. Charles Piper instructed by Piper, Samuda for ClaimantIRespondent

Mr. Audel Cur~ninghama nd Ms. Sheena Stubbs instructed by Dunn Cox and

Orett for 1'' DefendantlApplicant.

Heard on 23rd& 24thJ une and 13'~~ u l2y0 04

STRAW, J. (Ag)

Solo Jamaica Limited, the ISDe'fe ndant has applied to set aside a default

judgment entered against them on 29110103 and for leave to file defence out of

time.

History of Events

The writ of Surnmons1statement of claim were filed on the 25jth November

2002 and acknowledgement of service filed on the 14'~~ ebruary2 003 by

Mr. Sean Kinghorn on behalf of the 1'' defendant. Subsequently, a second

acknowledgment of service was filed by Ms. Lara Dayes of Dunn Cox and Orett

on behalf of the 1'' defendant on the 4'h July 2003.