Medley-Rowe, Cynthia v Saturn Sales Manufacturing Co. Ltd, Althea Crosdale

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IIV CIVIL DIVISION

CLAIM NO. 2006 HCV 00705

IN CHAMBERS

BETWEEN CYNTHIA MEDLEY-ROWE

(trading as Wireless Talk) CLAIMANT

AND SATURN SALES MANUFACTURIIVG

COMPANY LIMITED 1 ST DEFENDANT

AND ALTHEACROSDALE 2ND DEFENDANT

Mr. Seymour G. Stewart for Claimant.

Mr. Lawrence Philpotts-Brown instructed by Clough Long and Co. for

Defendants.

Practice and Procedure - Application for relief from sanctions - Judgment entered

because of failure to attend Case Management Conference -Application to set aside

judgment - Factors to be considered - CPR rule 26.8

Practice and Procedure - Consent Order referring accounts to accountant -

Whether parties estopped from objecting to the findings of the accountants

2iith March and 22"d April 2008

BROOKS, J.

Mrs. Cynthia Medley-Rowe is a wholesaler of cellular phone cards to

the public. She, for her part, purchased the cards from Saturn Sales

Manufacturing Co. Ltd. In February 2006, Mrs. Medley-Rowe filed the

present claim against Saturn Sales and one of its employees Althea Crosdale.

The particulars of claim allege that because of deliberate mishandling of her

account with Saturn Sales, she had overpaid Saturn Sales sums in excess of