Civil Procedure - An Application to set aside default judgment - The real prospect of successfully defending the claim - Inordinate delay.

Costs granted on Indemnity Basis - Taxation of Bill of Costs by Registrar - Review or appeal of registrar’s decision - Section 27 Legal Profession Act and Civil Procedure Rules 65.26 considered - Registrar’s discretion - Retainer agreement - Must contain language advising the client of certain options – Onus on paying party to show costs are unreasonable – Right of paying party to cross-examine..

Division of matrimonial property - Family Property (Rights of Spouses) Act - Brown v Brown retroactivity of the PROSA - Application for extension of time within which to apply - Requirement of leave for provision of time to apply for extension of the meaning of spouse pursuant to section 2.

An application to set aside decision to grant leave to enter default judgment - An applicationto set aside decision refusing extension of time in which to file defence - Reasonable prospect of success - As soon as reasonable practicable - Overriding objective in the exercise of discretion.

Custody - Mother's application for sole custody - Welfare of the child in the widest sense - Children physical well-being - Health issues - Father's impugned conduct - Maintenance - Ability to pay.

IN THE SLPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. T-0881200 1

BETWEEN ANCEL THOMAS PLAINTIFF

AND RHONA MORGAN 1 ST DEFENDANT

AND LEROY SMITH 1 2ND DEFENDANT

1 P

a,&

C: Ms. Judith Clarke for the plaintiff.

Ms. Suzette Campbell instructed by Campbell and Campbell for the defendants.

Heard: 17" December 2002.17tq 18'~a. nd 19'~M arch 2003 and 1" July 2003

Campbell, J.

 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN MISCELLANEOUS

SUIT NO. M16 1/2002

BETWEEN WAYNEANN DEVELOPERS LTD APPLICANT

AND THE REGISTRAR OF TITLES 1 ST RESPONDENT

AND GEORGE BROWN (sued in his

capacity as Referee of Titles) 2NDR ESPONDENT

C Warren Clark Cousins for Applicant.

Mrs. Simone Mayhew instructed by Director of State Proceedings for the 1" and

2nd Respondents.

Heard on 14, January, 6th February 2003 and 21st April 2004

IN THE SUPREME COURT OF JUDICATURE OF J

CLAIM NO. HCV 034312003

BETWEEN SANDRA ROSE 1 ST CLAIMANT

AND ENID WALKER 2ND CLAIMANT

AND MURIEL SPENCER DEFENDANT

Mr. Debayo A. Adedipe for Claimants.

C; Mrs. Lelieth D Lambie-Thomas for Defendant.

Heard gth and 9th Januarv and 3rd May 2004

Campbell, J.

The Claimant, Sandra Rose, is the natural daughter of the Second Claimant

and the adopted daughter of the Defendant, Muriel Spencer.

IN TI-IE SUPREME COURT OF JUDICATURE OF

IN COMMON LAW

SUIT NO. CL 2000lW006

BETWEEN PHILLIP WARD (administrator of the

Estate of Damion Phillip Ward, deceased) 1 PLAINTIFF

AND CHIUSTINE GABBIDON (administrator of

the Estate of Damion Phillip Ward, deceased) ZN" PLAINTIFF

C;

AND JAMAICA PUBLIC SERVICE COMPANY 1 ST DEFENDANT

AND KAISER JAMAICA BAUXITE COMPANY ZND DEFENDANT

AND KAISER BAUXITE COMPANY 3RD DEFENDANT

AND JAMAICA BAUXITE MINING LTD 4TH DEFENDANT

IN THE SUPREME COLJRT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. CL 1998lMc339

BETWEEN OLETHIA McGIBBON CLAIMANT

AND CARICOM DEVELOPMENT

LIMITED 1 ST DEFENDANT

AND ISLAND HOMES LIMITED 2ND DEFENDANT

Mrs. Ursula Khan instructed by Khan & Khan for the claimant.

Maurice Manning and Ms. Ayana Thomas instructed by Nunes Scholefield Deleon

& Co. for the defendants.

Heard: 6'", 14'" and 15'" April and 27'h October 2004

Campbell, J.