Road traffic accident - Assessment of damages - Whiplash injury - Whether defendant can be heard at assessment of damages hearing following upon entry of default judgment.
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA do4~@'
IN COMMON LAW /
SUIT NO. C.L. G 107 OF 2001
BETWEEN GRAINS JAMAICA LIMITED PLAINTIFF
AND DANNY WIGINTON
. , . , .
1 ST DEFENDANT . .. .... .... '.. ., . .. . . - . , . , ... . . . . L : . . -
AND LYN WIGINTON 2ND DEFENDANT
AND CHRISTOPHER WIGINTON 3RD DEFENDANT
AND CRG LEE CORPORATION 4TH DEFENDANT
Ms. Carol Davis for Plaintiff/Applicant
Mr. Emil George Q.C., Mr. John Vassell Q.C. and Mrs. Lara Dayes instructed by Dunn Cox
for the DefendantRespondent
IN THE REVENUE COURT
REVENUE COURT APPEAL NO: 2 OF 2002
IN RE THE GENERAL CONSUMPTION TAX ACT
BETWEEN GEORGE TRADING LIMITED APPELLANT
AND THE COMMISSIONER TAXPAYER
AUDIT AND ASSESSMENT DEPARTMENT
(GENERAL CONSUMPTION TAX) RESPONDENT
Mr. Herbert A. Hamilton for Appellant; Mrs. Yolande Lloyd-Small for Respondent;
Heard on May 28 and 30, July 10 and 23, and August 27,2003.
ANDERSON: J.
This is an application by way of a summons to extend the time for the filing of an appeal in
Negligence - Contributory negligence - Overtaking of vehicle - Turning into path of oncoming vehicle - Denial of allegation - Need to put forward reasons for denial - Failure to put own version of allegation which has been denied.
Claim for actual and/or reasonably expected pecuniary loss - Loss of expectation of life - Loss of years and funeral expenses under the Fatal Accident Act.
Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'Ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by Court in deciding whether to grant an extension of time for filing of defence - Length of delay - Reasons for delay - Prejudice of claimant - Whether proposed defence has
Assault - Battery - False imprisonment - Malicious prosecution - Failure of defence to lead any evidence - Application during trial to strike out defence - Effect of failure of defence to leand any evidence during trial - What constitutes assault - Need to prove loss and/or damage in claim for damages for malicious prosecution - Claim for exemplary damages - Consideration of hearsay evidence during trial - Summary judgment - Prima facie case not be be equated with proven case.
Application under property rights of spouses act - Partition act application – Applications for division of matrimonial property – Failure to deny allegation in claimant’s statement of case – Failure to provide reasons for putting claimant to proof of allegation – How to make application in relation to section 7 of prosa – Effect of failure to make application in relation to section 7 of PROSA - Applicability of presumption of equal division – Section 6 of PROSA – Division of personal property items – Section 14 of PROSA.
