Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of Attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by court in deciding whether to grant an extension of time for filing defence - Length of delay - Reasons for delay - prejudice to claimant - Whether proposed defence has a r

Application to set aside default judgment – Service by registered post – Presumption of service – displacement of presumption of service – Default judgment irregularly entered – Improper party named as defendant – Substitution of defendant – Defence with realistic prospect of success – Duty owed by occupier to trespasser.

Application for consolidtion of claims - Distinction between consolidation of claims and trying of two claims at the same time - What court shold consider in deciding on whether claims should be consolidated.

Claim for breach of statutory duty and/or negligence – Duty to securely fence any dangerous part of any machinery in a factory – Duty to securely fence is not dependent on whether machine can be used as intended with secure fencing of same in place – Definition of ‘dangerous part’ – Whether protection afforded to those who unauthorizedly interact with dangerous parts of machinery in a factory.

Judicial Review - Whether refusal to re-enlist a Jamaica Constabulary Force member is equivalent to a dismissal of that member from his employment with the Jamaica Constabulary Force - Natural justice - Legitimate expectation.

Wills - Two wills - One will dated later in time than the other - Mental capacity of testator - Undue influence - Mental Health Act.

Application for variation of restraint order on ground that section 33 of the Proceeds of Crime Act is unconstitutional

Road traffic accident - Assessment of damages - Whiplash injury - Whether defendant can be heard at assessment of damages hearing following upon entry of default judgment.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA do4~@'
IN COMMON LAW /
SUIT NO. C.L. G 107 OF 2001
BETWEEN GRAINS JAMAICA LIMITED PLAINTIFF
AND DANNY WIGINTON
. , . , .
1 ST DEFENDANT . .. .... .... '.. ., . .. . . - . , . , ... . . . . L : . . -
AND LYN WIGINTON 2ND DEFENDANT
AND CHRISTOPHER WIGINTON 3RD DEFENDANT
AND CRG LEE CORPORATION 4TH DEFENDANT
Ms. Carol Davis for Plaintiff/Applicant
Mr. Emil George Q.C., Mr. John Vassell Q.C. and Mrs. Lara Dayes instructed by Dunn Cox
for the DefendantRespondent