Application to extend time to file claim under s.13 of the PROSA - Four considerations - Balance of prejudice - Limitation defence is a procedural but complete defence -Timing of application is very significant - There is to be equality of arms - Severe prejudice to be suffered by the defendant - Non-interference by the court with the terms agreed in a consent order as they are final and binding - Preserving status quo as regards first option to purchase family home - Acts of maintenance and upkeep deemed the alternative to the rent owed to the defendant by the claimant - Claimant derives an interest under a resulting trust - Claimant's contribution to purchase and maintenance of motor vehicles bought in sole name of defendant - Quantification of claimant's interests in the motor vehicles
Case Number
2015HCV03223
Presiding Judge
Year
Neutral Citation
[2018] JMSC 151
Date of Delivery