Mangatal J
IN THE GRAND COURT OF THE CAYMAN ISLANDS CASE NO: G 5 of2016 AND IN CHAMBERS Appearances: Before: Heard: Delivered: Circulated: SANDRA WELLINGTON DELROY WELLINGTON Mr. Phillip Ebanks, Attorney at Law for the Plaint Mr. Delroy Wellington, Respondent in person The Hon. Justice Ingrid Mangatal 20 August 2018 29 August 2018 3 September 2018 Plaintiffs Defendant tiffs 18/9/03 Lindell Wellington & HEADNOTE Practice and Procedure - Application to Strike Out - Originating sum TRANSCRIPT OF EX TEMPORE RULING Dr. Lynval Wellington - Ex Tempore Ruling 1 of4
1. The Defend- statement of 1(a) 1(b) 1(c)
These pro-
In my judgment grounds set out in paragraph Failure to comply with 0.5, r.2 Failure to serve Notice of intention to proceed af- delay (O.3, r.6) The plaintiff's failure to provide notice of change of to the defendant pursuant to Removal of attorney, instance of another party (O.67, r.5 (b))." edings were commenced by way of originating sum- ment, the application should be refused. As regards pri 2 of the summons, 2, six months' their Attorney from record at mons filed 12 January the grounds set out in paragraph 2.
As regards to Order 18 rul- strike out an action, the does not in summons." 150903 Lindell Wellington & of the summons, none of these are a basis for striking or paragraph 1 (a) of the summons, in my judgment there is 19(5) (copy provided to the parties), makes it clear that originating summons on the ground that it discloses no prohibition in paragraph (2) against adducing eviden- tely apply to an affidavit already put in as sup- Oral argument Wellington - Ex Tempore Ruling out. In no basis made out. at "On application to to reasonable cause of ce on the application, rting the originating
5. Therefore, originating plain that the Defendant pursuant to basis of the affidavits as is it frivolous. when the Court has regard to the originating summons, summons, but also the affidavits filed by the Plaintiff, there is a reasonable cause of action disclosed. The Plaint holds the Title to the subject property on trust for the wishes of their deceased father, Isaac Wellington. same issues raised, and indeed put in issue, and ready filed by the Defendant, that the claim is neither as or vexatious. Indeed, these are very much issues that (therefore not only the in support of it), it is plaintiffs are saying that em as well as himself, it is plain to me on the conceived by various n abuse of process nor need to be tried.
Further, the made.
However, if the Plaintiff proceedings, See Order (copy also p of summons unrepresent- affidavits as Court takes into account the late stage at which the does appear to me, that this case involves serious dispo- r's attorney's submissions that there is nothing er's attorney at law, and the Plaintiffs are legally could not as originally filed, have been brought by (Rule 2). However, I exercise the Court's power provided to parties), to order the proceedings to conti- and in the circumstances of this case, particularly ned and continued. e application is being ttes as to fact. I accept o suggest that these originating summons. under Order 28 rule 8 e as if begun by a writ since the Defendant is said order that the
I therefore i. The 12 shall ii. Affi- other affic 180903 Lindell Wellington & make the following additional orders. parties are to file and serve supplemental affidavits, in September 2018. affidavits are also to stand as evidence in chief, and the affiants are to attend court for cross-examination on affits. Order by Lindell Wellington - Ex Tempore Ruling so advised, by parties and all their respective
ii. The any 2015 iv. Cost v. The matter is to be set down for a 3 day trial in open court judge (except Justice Carter), on any available date after are to the Plaintiffs, to be taxed if not agreed. Plaintiff’s Attorney-at-Law, at the request of the court, to Order for this hearing and email the same to the to come before 12 September it is to prepare Defendant. The Hon. Justice JUDGE OF THE GRAND COURT 180903 Landell Wellington & Order by Wellington - Ex Tempore Ruling 4 of 4