John Michael Anthony Orelue v Andrea Gail Parkin-Orelue

• Jurisdiction: Jamaica
• Judge: CORAM: MORRISON, J.
• Judgment Date: 01 June 2011
• Judgment citation (vLex): [2011] 6 JJC 0101
• Court: Supreme Court (Jamaica)
• Date: 01 June 2011
• Docket Number: SUIT NO. F.1999/O-006

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN FAMILY DIVISION

SUIT NO. F.1999/O-006

BETWEEN

JOHN MICHAEL ANTHONY ORELUE

PETITIONER/APPLICANT

AND

ANDREA GAIL PARKIN-ORELUE

RESPONDENT

Mr. John G. Graham and Miss Peta-Gaye Manderson instructed by John G. Graham and Company for Petitioner/Applicant.

Mr. Gordon Steer instructed by Chambers, Bunny and Steer for the Respondent.

CIVIL PROCEDURE - Consent Order - Application to vary Consent Order filed on 23rd June, 2010

CORAM: MORRISON, J

1 On the 25 ^th April, 2001 the Applicant, John Orelue was, by way of a Consent Order in the following terms, obliged to pay:

• 1. All the educational expenses for the relevant children and for their extra lesson.

• 2. All the medical, dental and optical expenses not covered by the Respondent's health insurance plan and which relate to the relevant children.

• 3. The sum of Twelve Thousand ($12,000) Dollars per month to the Respondent; and

• 4.

  • (i) inter alia, expenses for clothing and shoes including school uniform.

  • (ii) for the bills relating to electricity, water, telephone, cable, internet, entertainment and for the maintenance of the pets.

  • (iii) the expenses for maintenance of the house at 33 Heathwood Drive including a helper and a gardener.

2 By way of an application for Court Orders filed on the 23 ^rd July, 2010 he seeks orders to vary the order of April 25, 2010 in the following terms:

• (a) that the Respondent shall be solely responsible for the maintenance payable to Allerdyce Green Maintenance Services, electricity, water, telephone, cable and internet bills for the house at Heathwood Drive and;

• (b) that the Respondent be solely responsible for paying the household helper, the gardener and for the maintenance of the pets.

3 The Applicant grounds the variation he seeks on the basis that ‘the bills and expenses have significantly increased since the date of the Consent Order’ and that he is no longer able to solely bear these expenses.

4 There can be no doubt that such a person as the Applicant can seek the Court's intervention to vary an order made by it even though it be a consent order.

5 Section 24 of the Maintenance Act allows for ‘Agreements in respect of Maintenance’ and by S.5(B) and S.8 of the said Act a court if satisfied that it would be unjust to give effect to the agreement, have regard to a number of criteria.

6 They include the provisions of the agreement; the time that...