Constitutional law – Right to fair trial within a reasonable time – Period before charge 27 years – Period after charge 7 years – Incest – Indecent Assault – Whether delay breached right to hearing within a reasonable time – Whether right to fair hearing breached or is likely to be breached – Whether stay of proceedings the appropriate relief – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act – Section 16.

Contract law - Claim for arrears of salary based on term stated in employment contract - Whether term was a mistake - Whether the doctrine of unilateral mistake is applicable.

Employment law - Wrongful dismissal - Whether claimant is an employee or independent contractor.

Maintenance – Spousal maintenance – Whether threshold finding can be made – The Matrimonial Causes Act section 23 – The Maintenance Act sections 3(2), 4 and 14(4)

Application for pecuniary penalty order – The Proceeds of Crime Act – Sections 5, 6, 7, 8 and 11.

Matrimonial Property – Parties divorced – Division of property acquired during the marriage –The Property (Rights of Spouses) Act, Sections 12, 13, 14 and 15.

Civil Procedure – Application to set aside default judgment regularly obtained for failing to file defence –– No affidavit of merit – Whether there is justification to waive the requirement for an affidavit of merit – Overriding Objective – Rules 13.2 and 13.3 of the Civil Procedure Rules
Costs – Whether wasted costs order to be made – Rules 64.13 and 64.14 of the Civil Procedure Rules

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN EQUITY
SUIT # E114 OF 1989
BETWEEN HEWRICH FITZ-GORDCDN PLAINTIFF
AND BERNET SPENCE 1ST DEFENDANT
AND ZANA SPENCE 2ND DEFENDARC
2mD CEWIS WINT-McCIIULSKY 3RD DEFENDANT
Frank W i l l i a m s i r ~ s t r u c t e d by Dun, Cox, O r r e t t and Ashenheim
Lor the p l a i n t i f f ,
Walter Scott and %eighton P u s e y instructed by Perkins, Grant,
Stewart, P h i l l i p s and Company for first defendant.
Mrs. Janet Stanbury instructed by Stanbury and Company for

18 THE SUPREME COURT OF JUDICATURE OF JAMAICA
114 COMMON LAW
SUIT 140, C . L . B. 243 OF 1994
BETWEEM LLOYD BENT
A ti D f4AUR I CE FONG
A N D DULCIE FONG
Miss Carol Davis instructed by
Messrs, 0, G, Harding and Company
for Plaintiff
Hr. Owen Crosbie and Mr. Debayo Adedipe
instructed by Messrs. Robertson, Smith,
Legister and Company for Defendants.
REItSGNS FOR JUDGMEfdT
PLkI WTIFF
BST DEFENDANT
~ N DDEF EMDANT
HARRIS, J.

Damages – Assessment of damages based on undertaking given on obtaining an interlocutory injunction – Whether damages are to be awarded for post-injunction period

Application for interim declaration and injunctions