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Mundle, Desmond v Ivan Small

Court: 
Supreme Court
Catchwords: 

Judge has jurisdiction to set aside a default cost certificate for good reason-Inherent jurisdiction of court to control its process not impacted by amendments to CPR-Interpretation of definition of "clear days" in rule 3.2(3) of the CPR-Event refers to something that is scheduled to occur on a specified day and on that day only-Where the end of the period stipulated is defined by reference to an event the final day is excluded-Calculation of time period allowed for filing of points of dispute pursuant to rule 65.20(3) of the CPR-Filing of point of dispute not an event hence final is included-Default costs certificate should not have been issued-General powers to address procedural errors unhelpful-Defects in application for and issuance of default costs certificate substantive and not merely procedural-Good reasons to set aside default costs certificate pursuant to rule 65.22(3) of the CPR-Bill of costs to be taxed

Document Type:

Year: 
2020
Suit/Claim number: 
2012HCV04860
Neutral Citation: 
[2020] JMSC Civ 181