The Hon. Mrs. Justice Marva McDonald-Bishop

Default Judgment – Application to set aside judgment entered in default of defence – Prescribed notes to the defendant and form of defence not served with claim form – Acknowledgment of service filed with notice of intention to defend – No defence filed –
Whether defendant submitted to jurisdiction of the Court – Whether waiver of irregularity in service of claim – Whether default judgment irregularly or regularly obtained - Conditions to be satisfied for setting aside default judgment – CPR, 8.16(1); 9.6; 12. 5; 13.2 (1) (b); 13.3; 26.9; 30.3

Civil Procedure - Application for summary judgment - Whether claim res judicata - Application of res judicata to default judgments - Cause of action estoppel - Issue estoppel - Henderson v Henderson estoppel - Abuse of process – The Civil Procedure Rules (CPR) r. 15.2 (a).

Contract – bank guarantee – guarantee given pursuant to Telecommunications Agreement – characteristics, meaning and effect of guarantee – construction of guarantee – whether guarantor contravenes terms of guarantee by refusing to pay on demand

Civil Procedure - summary judgment – judgment after determination of a preliminary issue of law – considerations to be applied in granting judgment – whether claimant entitled to judgment on a proper construction of the guarantee-CPR, rules 26.1 (2)(j); 15.2.