Pario Solutions Ltd v Gotel Communications Ltd

IN THE SUPREME COURT OF JUbICATURE OF JAMACA

CLAIM NO. 2005 HCV 005 1 5

BETWEEN PAR10 SOLUTIONS LIMITED

(Formerly The Lewis Group)

AND GOTEL COMMUNICATIONS LTD .

CLAIMANT

DEFENDANT

IN CHAMBERS

Mr. Christopher Samuda instructed by Samuda and Johnson for the claimant

Miss Gillian Mullings instructed by Patrick Bailey and Company for the defendant

April 19 and May 2, 2007

APPLICATION TO SET ASIDE JUDGMENT IN DEFAULT OF DEFENCE

SYKES J.

1. This is an application by Gotel Communications Ltd. ("Gotel") to set aside a

judgment. It relies on two affidavits of Mr. George Neil who describes himself as

responsible for all administrative and legal matters concerning Gotel. The application

was dismissed and these are my reasons.

2. It all began on March 1, 2005, when the claimant, Pario Solutions Limited

("Pario") claimed the sum of U~$1,219,938.49 and interest of US$207,389.54 by

way of claim form on the same date. Pario alleged that i t was owed this money as at

July 31, 2003, in respect of telecommunications equipment and related services

provided to the defendant.

3. On June 7, 2005, the defendant filed an acknowledgment of service. It said in

the acknowledgment that it was served on May 23, 2005. On August 2, 2005, Pario

requested a judgment in default of defence. No issue has been taken regarding the

regularity of the judgment. Judgment was entered in the sum of ~~$1,513,922.80.

On September 19, 2005, the defendant secured an order for seizure and sale of

goods. Apparently, the bailiff attempted to execute the order. Gotel finally stirred.

4. On October 12, 2005, Gotel filed an application

a. to set aside the default judgment;

b. to stay execution of the judgment;

c. permission to file and serve defence within seven days of setting aside

the judgment.