James Robertson v Maxine Henry-Wilson, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 2001/R 034

BETWEEN JAMES ROBERTSON CLAIMANT

AND MAXINE HENRY-WILSON FIRST DEFENDANT

AND CVM TELEVISION LIMITED SECOND DEFENDANT

b Miss Andrea Walters instructed by Palmer and Walters for the

claimant

Miss Camaleta Brown instructed by Vaccianna and Whitbingham for I

the first defendant

Mr. Garth McBean instructed by Garth McBean and Company for the

second defendant

November 9 and November 11,2004

Sykes J (Ag)

APPLICATION TO SET ASIDE JUDGMENT IN DEFAULT OF DEFENCE

1. Mrs. Maxine Henry-Wilson has applied to set aside a judgment in

default of defence. She applied on the ground that she has a good

defence. This ground by itself is not enough. It is only one of three

hurdles that must be cleared before the possibility of the exercise of the

discretion conferred by rule 13.3 can arise. What are the circumstances

that led to judgment being entered against her?