Jarrett, Marcia v South East Regional Health Authority, Robert Wan & The Attorney General

 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2006 HCV 00816

BETWEEN MARCIA JARRETT CLAIMANT

(Administratrix of the Estate

of Dale Jarrett, deceased)

AND SOUTH EAST REGIONAL

HEALTH AUTHORITY lSDTEF ENDANT

+--- AND

\L

AND

ROBERT WAN 2"d DEFENDANT

THE ATTORNEY-GENERAL 3RD DEFENDANT

IN CHAMBERS

Miss Catherine Minto instructed by I\~.~nes,S cholefield, Deleon & Co. for the

Claimant

Miss Annaliesa Lindsay instructed by the Director of State Proceedings for the

Defendants

Heard: October 17 & 19,2006 and November 3,2006

Default judgment - Application to set aside default judgment - test to be applied for

setting aside default judgment- Whether application for default judgment should have

been served on Crown- Whether leave of Court required to enter default judgment

against the Crown- Judicature (Rules of Court) Act; s. 4(8)- Crown Proceedings Act; s.

29 - Civil Procedure (Amendment) Rules, (2006), r. 13. 3.

McDONALD-BISHOP, J (Ag.)

1. By this application, the defendants are seeking an order that judgment in

default entered against them on the 8th day of June, 2006 be set aside and that

they be permitted to file their defence out of time.