Mossel (Jamaica) Ltd v Cable & Wireless Ja. Ltd

IN THE SUPRENIE COURT OF JUDICATURE OF JAMAICA

SUIT NO. 2004lHCV02066

I BETWEEN MOSSEL (JAMAICA) LTD. CLAIMANT 1

AND CABLE & WIRELESS

JAMAICA LTD. DEFENDANT

('-

Mr. Paul Beswick and Terrence Ballantyne, instructed by Ballantyne, Beswick &

L Co. for the Claimants.

Ms. Hilary Phillips instructed by Messrs, Grant, Stewart, Philips & Co. for

Defendants.

Heard 19'a~n d 2othJ uly and 24thO ctober 2005

Campbell, J.

Before the Court are two applications for Orders:

(I) An application by Cable and Wireless (Ja.) Ltd. (Cable & Wireless)

that the time for filing of their defence be extended to the 3 1'' January

2005.

(11) An application by Mossel (Ja.) Ltd. (Digicel) for leave to enter

judgment in default of defence.

On the 5" May 2005 Cable & Wireless filed an application for extension of

time within which to file their defence. When .the application was called on the

3 lstM ay 2005, the matter was short-served and adjourned to the 19'~J U 2~005~. In

the interim, on the 28th June 2005, Digicel filed an application to enter judgment in

default of Cable & Wireless' defence.