Thompson, John, Thompson, Janet v Goblin Hill Hotels Ltd et al

 IN THE SUPREME COURT OF JIUDICATURE OF JAMAICA

IN COMMON LAW

CLAIM NO. C. L. T 005 OF 2002

(NO. 2)

BETWEEN JOHN THOMPSON FIRST CLAIMANT

AND JANET THOMIPSON SECOND CLAIMANT

AND GOBLIN HILL HOTELS LTD FIRST DEFENDANT

AND MIES INVESTMENT LTD SECOND DEFENDANT

AND MERVIN G001)MAN THIRD DEFENDANT

AND ROSALIE GOODMAN FOURTH DEFENDANT

Roderick Gordon instructed by Audrey Mcleod of Alton Morgan and

Company for the claimants

Lloyd Barnett instructed by Watson and Watson f o r the f i r s t

defendant

Dacia Welds instructed by Covvan, Dunkley, Cowan for the second,

t h i r d and fourth defendants

January 26, February 2, 15 .and March 23, 2007

APPLICATION TO VARY JUDGIHENT, APPORTIONMENT OF COSTS,

PART 64 OF THE CIVIL PROCEDURE RULES

SYKES J.

1. The primary application before me is an application by Goblin H i l l

Hotels Limited ("GHHL"), t h e f i r s t . defendant, to vary my judgment

delivered on November 6, 2006. I n that judgment I decided t h a t the

assessments and special assessments made by GHHL were incorrect

and t h a t they should be s e t aside. I also held t h a t t h e f o r f e i t u r e of

the lease was t h e r e f o r e unlawful. GHHL now says t h a t they have

done new calculations on the basis of my judgment and the claimants

are s t i l l found to be in a r r e a r s . Therefore, submits, GHHL I should

accept t h e i r new calculation and since new figure is s t i l l outstanding