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Gartmann, Ricco v Hargitay, Peter
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. CL 2002/G007
BETWEEN RICCO GARTMANN CLAIMANT
AND PETER HARGITA DEFENDANT
Miss Rfulica Wong instructed by
Myers, Fletcher & Gordon for the claimant.
Ian WiIkinson instructed by
Ian Wilkinson & Co.for Defendant.
Heard: September 30 & October 25, 2005
By a specially endorsed Writ of Summons issued on January 31, 2002 lhl: clain~at~cot mmenced an action against the defendant to recover the sum
of 2,623,924.65 Swiss francs, as a debt due and owiiig by hill). An
unsuccessful application had been made to strike out thc claim fat. want of
jurisdiction. On Yovenllw- 10, 2004 an upplicatic~nw as n~adetu tile defence
out of t i n ~ c . I 'lnis m-as adj~~i111efdor hearing on Scptcnlbcr 30. 1005.
The defendant non. mal\ss rln r~pplicatio~toi distliiss the clr~inio n the
ground that it is statute barred. Subsequent to h i s applicatiot~,th e cl;~imant
filed an affidavit sworn on junc 10. 2004 and a supple~nental~ l'iiiiai-ist\ i.orn
on Junc 18: 2004. Exhibited to the affidavits were, intcl- a l ~ ad, ~ l i ~ ~ l ~ l t ' ~ ~ f ~