Burke v Edwards

• Jurisdiction: Grenada
• Judge: Mohammed, J.
• Judgment Date: 08 April 2014
• Neutral Citation: GD 2014 HC 16
• Docket Number: GDAHMT 431 of 2013
• Court: High Court (Grenada)
• Date: 08 April 2014

High Court

Mohammed, J.

GDAHMT 431 of 2013

Burke

and

Edwards

Appearances:

Mr. Alban John for claimant

Mrs. Venescia Francis-Banfield for defendant

Civil practice and procedure - Default judgment — Application for default judgment — Application to extend time for filing — Whether the Court Office is mandated by the Civil Procedure Rules to enter default judgment once the conditions set out are satisfied — Whether the overriding objective can be relied upon to extend the time for filing an acknowledgment of service and defence where another rule governs the procedure to be followed — Whether a sanction arises where there has been default in filing an acknowledgement of service and defence — Application for extension denied — Costs awarded to defendant.

Mohammed, J.

1 The claimant instituted the present action on the 23rd August, 2013 against the defendant for general, aggravated and exemplary damages for defamation of character as contained in a statement of broadcast by the defendant in a radio program called “Hard Talk” which was broadcast on or about the 23rd May, 2013 simultaneously on radio stations known as City Sound FM, SAC FM and Campeche Radio. He also sought injunctive relief stopping the defendant his servants and/or agents from further publishing, or broadcasting the said defamatory statements, interest and costs.

2 The Claim Form and Statement of Claim were served by Levi Benoit, Process Server on the defendant personally on Saturday 31st August, 2013 at Tivoli, St Andrew's Grenada. There is an affidavit of service of Levi Benoit filed on the 3rd of September, 2013 containing this information.

3 The time for the period for the defendant to file his Acknowledgment of Service was 14 clear days from the Date of Service. Since the documents were filed and served during the long vacation of the Court ( CPR 3.5) time for filing the defence only started to run from the 16th September, 2013 ( CPR 3.3). The defendant therefore had until 16th September, 2013 to file the Acknowledge of service and 30th September, 2013 to file a Defence. He did not do so.

4 On the 8th of October, 2013 the claimant applied under Rule 12.4 and 12.12 CPR for the Entry of Judgment in Default in favour of the claimant with damages to be assessed together with interest and costs. This Rule deals with judgment for failure to file Acknowledgement of Service.

5 The Registrar has not entered the Request for the Default Judgment.

6 On the 31st October 2013, the defendant applied to the Court for an Order extending time for the filing and serving of the Acknowledgment of Service and Defence or alternatively that the Acknowledgment of Service and the Defence filed on the 31st...