Keating, Michael v Prince Roy Williams

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO 2003 HCV 02205

BETWEEN MICHAEL KEATING CLAIMANT

A N D PRINCE ROY WILLIAMS DEFENDANT

Stacy Ann Soltau-Robinson instructed by Samuda and Johnson for Claimant

Camille Wignall instructed by Nunes Scholefield DeLeon & Co. for

Applicant

Practice and Procedure - Order for substituted service on insurer of

defendant's motor vehicle - Claim form invalid at the time of order -

Whether order properly made - Application to set aside

BROOKS, J.

5th a nd llthO ctober, 2007

The Insurance Company of the West Indies is not a named party to

these proceedings. It has however, become an interested party because of an

ex parte order made by this court. That order allowed Mr. Michael Keating

to serve ICWI with the Claim Form herein, by way of substituted service on

the Defendant Mr. Prince Roy Williams. It has now applied to set aside that

order, claiming that it is not in contact with Mr. Williams, does not know of

his whereabouts and did not insure him while he drove the vehicle which is

said to have caused Mr. Keating's loss. Miss Wignall appearing for ICWI

has also submitted that the order for the substituted service is improper, as it

was made when the Claim Form had expired and was invalid.