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Administrator General for Jamaica (on behalf of the Estate and Near Relation Stephen Lloyd Spencer, deceased) v Cool Petroleum Limited, Cool Corp. Limited and Othneil Williams (Trading as Williams & Son General Maintenance

Court: 
Supreme Court
Catchwords: 

Application to set aside default judgment-Rule 13 of Civil Procedure Rules (CPR)-Whether application for relief from sanctions under rule 26 of the CPR is required-Requirements to set aside default judgment-Real prospect of success in defending claim in foremost consideration-Application must have an affidavit of merit-Waiver of affidavit of merit possible only in exceptional circumstances-Applicant must have acted promptly and have a good explanation for failure to comply-Court still has discretion to set aside judgment where application not prompt and there is no good explanation

Document Type:

Year: 
2019
Suit/Claim number: 
2012HCV01702
Neutral Citation: 
[2019] JMCA Civ 181