Master Miss Carla Thomas (Ag.)

Wedderburn, Mitchell v Brucceleri, Salvatore

Civil Procedure - Rule 39.6(1) of Civil Procedure Rules - Application to set aside judgment given in defendant’s absence at trial - Whether good reason given for the defendant’s failure to attend trial - Whether some other order would have been made had the defendant or his counsel been in attendance.

Townsend, Davian v ATL Automotive Limited and Henry Campbell

Civil Procedure - Rule 15.2 of the Civil Procedure Rules - Application for summary judgment - Whether the claimant has a real prospect of succeeding on the claim against the 1st defendant - Vicarious liability - Whether hirer of a motor vehicle under a car rental agreement vicariously liable for the negligence of a party who hires the motor vehicle - Whether the hirer to be named as party in claim for negligence of hiree

Senior Smith, Oswest v Gleaner (Media) Company Limited and Lisa Palmer-Hamilton

Civil Procedure - Rule 26.1 of Civil Procedure Rules - Application to strike out claim - Whether there are reasonable grounds for bringing the claim -  Issue estoppel - whether issue in claim subject to issue estoppel on the basis of it being the subject of Court of Appeal judgment; Defamation - Absolute privilege - Whether words spoken during trial by counsel subject to absolute privilege.

McCrobie- Walker, Elleta (Administratrix of the Estate of Violet McCrobie) v McCrobie, Elaine and Francella McLeod-Huggins (Administratrix of the Estate of Labian McLeod)

Application to enter default judgment - Application to strike out claim or alternatively for extension of time to file defence - Preliminary objection - Rule 21.7 of the Civil Procedure Rules - Whether claim which was commenced after the death of the defendant without a personal representative for the deceased’s estate being appointed is valid - Whether representative for deceased defendant’s estate can be appointed under rule 21.7 after the filing of the claim.

Dixon, Gene Michael (trading as Building Interamericas Company) v The Jamaica Union Conference of Seventh Day Adventists Limited

Civil Procedure - Rule 13.3 of the Civil Procedure Rules - Setting aside of default judgment - Whether default judgment entered against a party who was not named but who filed an acknowledgment of service admitting to service and intending an intention to defend the claim should be set aside - Whether the default judgment should be varied for entry against the named defendant where the named defendant did not file acknowledgment of service or defence - Rule 13.3 - Whether the default judgment for specified sum should be varied

Mott, Sharon (Administrator of the Estate Kishauna Ann-Marie Clarke, deceased, intestate) v University of Technology, Isles, Dr. Winston and Littley Tokyo Restaurant

Civil Procedure - Unless Order - whether unless order made against a deceased claimant is a nullity - Whether unless order took effect upon non-compliance of deceased claimant - Part 21 of Civil Procedure Rules - Whether administrator ad litem for deceased administrator’s estate should be appointed -  Rule 64.13 of Civil Procedure Rules - Wasted costs order - Whether wasted costs order should be made against claimant’s attorneys.

Williams, Sheldon v Durrant, Denese

Application to set aside default judgment obtained for failure to serve claim - Expiry of claim form prior to purported date of service - Issue not raised by the defendant - Whether court entitled to set aside on its own motion. Conflicting evidence as to service - Whether defendant was served - Whether default judgment should be set aside.


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