You are here
Thorpe, Merlene v United Estates Limited
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO. 2005 HCV 00257
BETWEEN IVIERLENE THORPE CLAIMANT
A N D UNITED ESTATES LIMITED DEFENDANT
Claimant not appearing or being represented.
Mr. Christopher Kelman instructed by Messrs. Myers Fletcher and Gordon
for the Defendant.
PRACTlCE AND PROCEDURE - APPLICATlON TO SET ASIDE DEFAULT
JUDGMENT -JUDGMENT ENTERED AFTER DEFENCE FILED OUT OF
TIME - WHETHER JUDGMENT IRREGULAR
Heard: 12'~& 2othJ une, 2006
BROOKS, J. - -/--"
United Estates Ltd. has good reason to apply to set aside a default
judgment entered against it in this claim. It however wants more; it wants
the court to find that the default judgment was irregularly entered, and it
wants a wasted costs order against the Attorneys-at-Law acting for the
Claimant Miss Merlene Thorpe. It seelts these remedies despite the fact that
it filed its defence out of time.
Background
Miss Thorpe was employed to pick oranges at a citrus grove in Bog
Walk in the parish of Saint Catherine. She alleges that she was in the course
of carrying out her duties, when a limb of an orange tree hit her on the eye.