National Commercial Bank Jamaica Limited v Henry Fullerton

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. 1998M236
BETWEEN NATIONAL COMMERCIAL PLAINTIFF
BANK JAMAICA LIMITED
AND HENRY FULLERTON DEFENDANT
Mr. Maurice Manning instructed by
Messrs. Nunes, Scholefield, DeLeon & Co.
for the Plaint iff.
Mr. Walter Scott and Mrs. Sharon Usim
instructed by Chancellor & Co.
for the Defendant.
Heard: 2otb,2 1st, March, 2001 and 1 3N~ov~em ber, 2001
CAMBPELL, J.
Before the 'Court were two applications;
(1) The Plaintiffs Re-issue Amended Summons for Summary Judgement.
(2) The Defendants' Re-issued Summons for Extension of Time to file Defence and
Counterclaim out of time.
It was agreed that the application for Summary Judgement should be heard first. At
the end of the plaintiffs submissions, Mr. Scott, for the defendant conceded that in
respect paragraph 3 of the plaintiffs summons, no defence had been mounted and that
the claim in respect of the defendant's personal overdraft "couid not be resisted".
The plaintiff, is a commercial bank, and carries on business as bankers with
branches throughout Jamaica. The defendant, is a Chartered Accountant and