SYDNEY BUTCHER v LAURENCE HUNTE

• #02 2 .... " SAINT LUCIA IN THE HIGH COURT OF JUSTICE (CIVIL) A.D. 1996 Suit No. 189 of 1994 (J r:; BETWEEN: SYDNEY BUTCHE'R Plaintiff r and LAURENCE HUNTE Defendant :::r rr ~ Mr . L . Williams for the Plaintiff Miss C. Lewis for the Defendant (; ~ \c 1996: June 5 and 19 c n ~ JUDGMENT ~~~TTHEW J. (In Chambers). L On March 17, 1994 the Plaintiff filed a w'C'it of summons indorsed with statement of claim asking from t he Defe ndant possession of a parcel of land at City Gate in the Quarter of Cast es and other rel ief. J ::t ,c. -;::. r The Defendant entered appearance on November 23, 1994 after notice of the writ was ordered t o be published in t he local newspaper . <::: r r On January 30 , 1995 the Defendant filed a defence and counterclaim . The next document filed in the proceedings was a summons on March ~ 18 , 1996 by the Plaintiff asking for an order to file a reply and c a defence to the counterclaim. [\ The summons came up for hearing on June 5, 1996 . It was supported by an affidavit which stated that the Plaintiff was unable t o meet his solic i tor to give him t he necessary i nstructions owing to ss and a press fami problem in Canada ch took him out of Saint Lucia in 1995. Learned Counsel for the Defendant opposed the application and lying on the provisions of Order 34 Rule 11 (1) (a) she submitted hat the matter be deemed abandoned and incapable of ~eing revived. Order 34 Rule 11(1) (a) is as follows: "A cause or matter shall be deemed altogether abandoned and incapable of being 1 evived if prior to the filing of the request for hearing or consent to judgment or the obtaining of judgment - (a) any party has failed to take any proceeding or file any document there for one year from the date of the last proceeding had or the filing of the last document therein. " this case be=~~e the summons filed on March 18, 1996 the last document filed, the defence and counterclaim, was on January 30,

95.The intervening period was close to 14 months. Judicial Committee of the Privy Council on May 22, 1996 upheld decision of the Court of Appeal on the interpretation of thlS e in the case LEWIS v. ST. HILLAIRE and BAPTISTE Civil Appeal No. 21 of 1993. Plaintiff's application is dismissed with costs of $250.00 to Defendant. A.N.J. MATTHEW sne Judge

Suit No. 189 of 1994 Matthew, J Delivered: 19/06/96