Thorpe, Merlene v United Estates Limited

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2005 HCV 00257

BETWEEN IVIERLENE THORPE CLAIMANT

A N D UNITED ESTATES LIMITED DEFENDANT

Claimant not appearing or being represented.

Mr. Christopher Kelman instructed by Messrs. Myers Fletcher and Gordon

for the Defendant.

PRACTlCE AND PROCEDURE - APPLICATlON TO SET ASIDE DEFAULT

JUDGMENT -JUDGMENT ENTERED AFTER DEFENCE FILED OUT OF

TIME - WHETHER JUDGMENT IRREGULAR

Heard: 12'~& 2othJ une, 2006

BROOKS, J. - -/--"

United Estates Ltd. has good reason to apply to set aside a default

judgment entered against it in this claim. It however wants more; it wants

the court to find that the default judgment was irregularly entered, and it

wants a wasted costs order against the Attorneys-at-Law acting for the

Claimant Miss Merlene Thorpe. It seelts these remedies despite the fact that

it filed its defence out of time.

Background

Miss Thorpe was employed to pick oranges at a citrus grove in Bog

Walk in the parish of Saint Catherine. She alleges that she was in the course

of carrying out her duties, when a limb of an orange tree hit her on the eye.