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Austin, Kerry-Ann v Shanique Morris, Sharon Morris and Phillip Morris

Court: 
Supreme Court
Catchwords: 

Civil Practice and Procedure-Application to Set Aside Default Judgment Entered on a Counterclaim-CPR Rule 13.3-Whether or not the Claimant has a good explanation for failure to comply with the CPR to File a Defence to the Counterclaim-Whether or not the Claimant has made the appropriate application-Should they have applied for relief from sanction or whether it should have been an application to set aside default judgment-Whether or not the Claimant has a Defence with a Real Prospect of Success.

Whether or not the Claimant's Statement of Case should be struck out as a consequence of the entry of judgment in default on the counterclaim.

Document Type:

Year: 
2024
Suit/Claim number: 
2018HCV03730
Neutral Citation: 
[2024] JMSC Civ. 127
Judge(s): 
Staple J