Ginger Villa Incorporated Claimant v Caribbean Developments (Antigua) Ltd Defendant [ECSC]

• Jurisdiction: Antigua and Barbuda
• Judge: Actie, M. [Ag.],Agnes Actie,Master [Ag.]
• Judgment Date: 31 January 2014
• Judgment citation (vLex): [2014] ECSC J0131-2
• Date: 31 January 2014
• Court: High Court (Antigua)
• Docket Number: CLAIM NO. ANUHCV 2012/0608

[2014] ECSC J0131-2

EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

Before:

Ms. Agnes Actie Master [Ag.]

CLAIM NO. ANUHCV 2012/0608

Ginger Villa Incorporated

Claimant

and

Caribbean Developments (Antigua) Limited

Defendant

REASONS FOR DECISION

Actie, M. [Ag.]

1 The defendant by notice of application with affidavit in support filed on 6^th January 2014, applied to the court for an extension of time to file written submissions. The matter came up for determination where I refused the application and to provide written reasons for my decision, which I now do.

Background

2 The claimant by notice of application filed on 15^th October 2012, applied for a declaration pursuant to CPR Part 9.7 that the court ought not to exercise its jurisdiction in the matter. The application came up for determination on 11^th October 2013, where the Master directed the parties to file and exchange submissions on or before 4^th November 2013, and adjourned the matter to 3^rd December 2013.

3 On 29^th November 2013, the applicant/claimant applied for an extension of time to file its submissions and to deem the submissions filed on 29^th November 2013, to be properly filed. The Master by Order dated 3^rd December 2013, granted the claimants' application and made the following Order:

"ORDER

"UPON THIS MATTER coming up for hearing of an application of the claimant for extension of time to file witness statements filed on 29^th November 2013 and the application of the Defendant filed on 15^th October 2012;

AND UPON HEARING Counsel for the claimant who advises that the application was remitted for hearing to the Master by the Court of Appeal;

AND the Defendant indicating that she was only recently retained in the matter and would wish to have the opportunity to file submissions;

IT IS HEREBY ORDERED THAT

• 1. The application filed on 29^th November 2013 is granted as per approved draft order on file.

• 2. The defendant is to file and serve submissions in relation to the application fled on 15^th October 2012 on or before 17^th December 2013.

• 3. The application will come for determination on the 13^th January 2014 whether or not submissions of the defendant have been filed.

• 4. Defendant to have carriage of the Order".

4 The defendant failed to file the submissions as directed by the Learned Master. By notice of application with affidavit in support filed on 8^th January 2014, the defendant applied for an extension of time to file submissions, to deem the submissions filed on the even date properly filed pursuant to CPR 26.1 and relief from sanctions pursuant to CPR 26.8. Counsel also filed a notice of acting on the even date.

5 The claimant by letter dated 10^th January 2014 opposed the defendant's application for an extension of time.

THE LAW

6 The granting of an extension of time is an element of discretion to be exercised in keeping with the overriding objective in dealing with cases justly and expeditiously. The Rule governing extension of time exists in Rule 26.1(2)(k) of the Civil Procedure Rules 2000 (" CPR 2000") which states:

"26.1(2) Except where the these rules provide otherwise, the court may –

(k) extend or shorten the time for compliance with any rule, practice direction, order or direction of the court even if the application for an extension is made after the time for compliance has passed."

7 The Rule is silent on the criteria to be taken into account by the court in exercising its discretion in granting the extension of time for compliance with any rule or practice direction. The court in such circumstance is guided by the overriding...