Thomas, Mitzie v Whitfield Bakery and Pastries Ltd. and Powell, Oswald

IN THE SUPREME COURT OF JLBDHCAVURE OF JAMAICA

CLAIM NO. HCV 1151 OF 2003

BETWEEN

AND

MITZIE THOMAS CLAIMANT

WHITFIELD BAKERY

AND PASTRIES LTD FIRST DEFENDANT

AND OSWALD POWELL SECOND DEFENDANT

:[N CHAMBERS

Miss Latoya Green instructed by Forsythe and Forsythe for the claimant

Mr. Ravil Golding for both defendants

L,

May 31, June 9 and 15, 2006

APPLICATION TO SET ASIDE JUDGMENT IN DEFAULT OF DEFENCE

SYKES J

1. On June 3, 2003, Miss Mitzie Thomas filed a claim against both defendants. She alleged

that she was an employee of Whitfield Bakery and Pastries Limited, the first defendant.

Mr. Oswald Powell, the second defendant, was the manager of the first defendant. She

alleged further that she was injured, on December 10, 2002, while at work. She sought

compensation for her injuries.

2. Whitfield Bakery was served on July 4, 2003, and Mr. Powell was served on August 18,

C 2003, with the claim form and particulars of claim. Judgment in default of defence was

entered on October 23, 2003. On November 27, 2003, the defendants filed a defence that

was out of time. The claimant did not consent to this and neither did the defendants receive

the permission of the court (see rule 10.3 of the Civil Procedure Rules ("CPR")). The

judgment was served on the defendants on December 4, 2003. The notice of assessment of

damages was served on the defendants' attorneys on January 1, 2005. This notice infused

life into the defendants. By February 1, 2005, they filed an application to set aside the

default judgment that was entered on October 23, 2003. -This means that the defendants