Cornwall Holdings Corporation v International Hotels Ltd

• Jurisdiction: Jamaica
• Judge: Rattray, P.,Downer J.A.,Wolfe J.A.
• Judgment Date: 05 December 1995
• Neutral Citation: JM 1995 CA 57
• Docket Number: Civil Appeal 64 of 1995
• Date: 05 December 1995
• Court: Court of Appeal (Jamaica)

Court of Appeal

Rattray, P., Downer and Wolfe, JJ.A.

Civil Appeal 64 of 1995

Cornwall Holdings Corporation

and

International Hotels Limited

Appearances:

Mr. David G. Batts, instructed by Livingston, Alexander and Levy for the appellant

Mrs. Sandra Minott-Phillips and Miss Nicole Lambert instructed by Myers, Fletcher & Gordon for the respondent

Practice and Procedure - Summons for speedy trial — Defendant challenged the trial judge's order that the suit be placed on the speedy trial list — Whether there was sufficient evidence to justify the making of the order — Whether the trial judge relied on the pleadings for his determination which was not evidence — Court found that there was no disadvantage accrued to the defendant by the speedy trial order — Trial judge properly exercised his discretion — Appeal was dismissed.

Rattray, P.

1 This appeal challenges the Order of Edwards, J. made in chambers on the hearing of a summons for speedy trial on the 20th June 1995, whereby he ordered the suit to be placed on the speedy trial list.

2 The defendant/appellant is aggrieved by this Order and rests his dissatisfaction not on any injustice or inconvenience which will accrue to him by the making of the Order but on the basis that:

• (a) there was no sufficient evidence to justify the making of the Order;

• (b) the learned trial Judge relied upon the pleadings for his determination, and pleadings are not evidence;

• (c) the allegation of the plaintiff/respondent that certain elevators in the hotel the subject matter of the action had become unsafe and hazardous by virtue of this fact that they were operating beyond their normal life span was rebutted by an affidavit from a deponent who serviced the elevators that they were by virtue of regular servicing not unsafe, although admitted they were operating beyond their normal life span.

3 Section 344 (2) of the Judicature Civil Procedure Code states as follows:

“Actions set down for trial shall be included in the cause lists in the order in which they were respectively set down, and unless a judge or registrar otherwise directs, shall come on for trial as nearly as may be in that order.”

4 This gives to the judge making an Order for speedy trial a very wide discretion which nevertheless must have some acceptable basis for its exercise.

5 Since the defendant/appellant is not pleading that it will suffer inconvenience on its part or injustice, the only complaint can be that there was no sufficient material before the judge upon which he could judicially make the Order, or that an injustice is created by permitting the plaintiff/respondent to “jump the queue” in respect of other cases which normally would have come on for trial before the instant case.

6 The subject-matter of the suit is the Trelawny Beach Hotel, a resort hotel, situated on Jamaica's North coast. The plaintiff/respondent is the owner of the hotel which is operated by the defendant/appellant under lease from the owner. One of the duties placed on the defendant/appellant is to keep the hotel plant and machinery in good and substantial repair and operating condition as it was at the commencement. of the lease. Further the defendant/appellant has a duty of...