Jamaica International Insurance Co Ltd v the Admin General for ...

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filed the action on the death of the deceased, and in addition, they had in fact given noexplanation for the delay in filing their claim.[46] Counsel for the respondent countered by submitting that the master hadcanvassed the authorities relative to this ground and examined the possible prejudice toboth parties, weighed the evidence in the balance and exercised her discretionaccordingly. Her analysis, counsel submitted, was reasoned and could not be faulted.[47] In my view, the fact that the master appeared to have taken into considerationthe conviction for manslaughter of Mr Williams in the exercise of her discretion doesappear to be a matter which this court can review. This court has held on countlessoccasions that the rule inHollington v Hewthorn remains applicable to thisjurisdiction (see Samuels and Others v Davis (1993) 30 JLR 284 and Julius Roy vAudrey Jolly [2012] JMCA Civ 53). How this may ultimately affect the outcome of thevery detailed, comprehensive and insightful deliberations of the master on thisapplication will be a matter for this court, but it is arguable that in the exercise of herdiscretion she proceeded on a wrong principle of law.Did the master err when she ordered specified service of the claim form on theapplicant?[48] Counsel for the applicant submitted that the master erred in ordering that serviceon the applicant could be deemed good service as there was no evidence that serviceon the applicant would have enabled Mr Williams to ascertain the contents of the claim
form. Counsel for the applicant also argued that the evidential requirements of rule 5.14of the CPR had not been met. Counsel submitted that the fact that Mr Williams hadbeen the insured of the applicant for over six years did not mean that the documentswere likely to come to his attention. There should, he asserted, be more informationwith regard to contact existing between the applicant and the insured, and the meansused by the applicant to communicate with its insured. He relied on a case out of thiscourt, ICWI v Shelton Allen and Others [2011] JMCA Civ 33, for support of thatcontention.[49] Counsel for the respondent submitted that the applicant had the opportunity toplace evidence before the court indicating that it would not be able to bring thedocuments to the attention of its insured. Having not done this, it was within thepurview of the master to conclude as she did, and that was unlikely to be changed bythis court.[50] In my opinion, on this ground also, it appears to be a matter for the exercise ofthe discretion of the learned master, and the applicant may be hard pressed topersuade this court to interfere with the same.Is the claim under the LRMPA statute-barred?[51] Counsel for the applicant submitted that the master erred when she ruled that,at the time the application to extend the time for serving the claim form was made, theclaim for damages pursuant to the LRMPA was not statute-barred. The competingcontentions as indicated previously were firstly on the part of the applicant that a cause
Page 1 and 2: [2013] JMCA App 2JAMAICAIN THE COUR
Page 3 and 4: This application was supported by t
Page 5 and 6: [7] This application was supported
Page 7 and 8: seen a motor vehicle approaching th
Page 9 and 10: Morgan had been denied by the court
Page 11 and 12: The contrary position, from the app
Page 13 and 14: of manslaughter for the death of th
Page 15 and 16: concluded that the prejudice agains
Page 17 and 18: [28] Mr Patterson’s explanation f
Page 19 and 20: y Messrs Samuda and Johnson and tha
Page 21 and 22: Keith Williams v Attorney General (
Page 23 and 24: namely 12 months, as the applicatio
Page 25 and 26: supported by evidence on affidavit.
Page 27: [44] In my opinion, this appeared t
Page 31 and 32: claim form for service had been fil
Page 33: endeavour to protect their interest

Jamaica International Insurance Co Ltd v the Admin General for ...

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