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

mind the issues arising in paras [38]-[41] herein, in respectof the validity of the application)?(iii) What is the effect of the learned master considering theissue of whether to extend the validity of the claim form forservice, if at the time she did so, she was of the view thatthere were valid proceedings existing and that no limitationperiod had yet accrued, as the letters of administration hadbeen granted on 18 June 2009? And would it be different ifthose bases were wrong in law?(iv) Was it correct to consider the application with theunderstanding that the period of limitation under the LRMPAwould not expire until 2015, in which case her decision, onthis point in the exercise of her discretion could perhaps notbe faulted?[54] It is my opinion that it appears to be at least arguable that the learned mastermay have proceeded in the exercise of her discretion on a wrong principle of law, andher decision can therefore be reviewed by this court.[55] On the basis of all that I have said in paras [34] et seq, herein, in my view, notmuch needs to be said on the issue of prejudice and the interests of justice as thisaction was brought on behalf of minor children, as the duty of the respondent is to