IN THE SUPREME COURT OF JUDICATURE OF JAMAICA I

CLAIM NO. 2005 HCVO 1748 1

BETWEEN RUTAIR LIMITED CLAMANT i

AND JAMAICA CIVIL AVIATION

AUTHORITY 1 ST DEFENDANT

AND HOWARD McCALLA 2ND DEFENDANT ~

C;; Mr. Paul Beswick instructed by Beswick Ballentyne & Co. for

Claimants/respondents.

Ms. Katherine Francis instructed by Director of State Proceedings for

ApplicantIDefendants.

Heard 16th May and 18th September 2006

Application to Set Aside Default Judgment

Public Authority - Crown Proceedings Act S. 29 (2) (c)

Interprelation Act S. 28

Campbell, J.

Background

(1) Rutair Limited (Rutair) is a conmercial operator of a fleet of aircrafts of

which the subject of the suit is a Cessrla 208B Grand Caravan (the Cessna). It is a 1 I

nine-seater passenger aircraft, bearing Jamaican registration, which carries i

passengers and cargo throughout Jamaica and to such other destinations as its

operations specifications allow.