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Bennett, Hugh and Jacqueline Bennett v. Michael Williams

Court: 
Supreme Court
Catchwords: 

Application for extension of time to file defence-Need to also obtain extension of time to file acknowledgement of service-Neglect of attorney in failing to file defence in time-Failure of applicant to offer any explanation for failure to file acknowledgement of service-Filing of counterclaim and ancillary claim-'Ancillary claim' defined in rules of court as including 'counterclaim'-Factors to be considered by court in deciding whether to grant an extension of time for filing defence-Length of delay-Reasons for delay-Prejudice to claimant-Whether proposed defence has a realistic prospect of success-Forfeiture of purchase price deposit pursuant to land sale agreement-Whether defendant entitled to forfeit deposit

Document Type:

Year: 
2013
Suit/Claim number: 
2013 HCV 00752
Neutral Citation: 
[2013] JMSC Civ 194