Robertson, James v Maxine Henry-Wilson & CVM Television Ltd

• Jurisdiction: Jamaica
• Judge: Sykes J (Ag)
• Judgment Date: 11 November 2004
• Judgment citation (vLex): [2004] 11 JJC 1101
• Court: Supreme Court (Jamaica)
• Date: 11 November 2004

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 2001/R 034

BETWEEN

JAMES ROBERTSON

CLAIMANT

AND

MAXINE HENRY-WILSON

FIRST DEFENDANT

AND

CVM TELEVISION LIMITED

SECOND DEFENDANT

CIVIL PROCEDURE - Press release - Defamatory words - Judgment in default of defence - Application to set aside - Civil Procedure Rules 2002, Rule 13.3

Sykes J (Ag)

1 1. Mrs. Maxine Henry-Wilson has applied to set aside a judgment in default of defence. She applied on the ground that she has a good defence. This ground by itself is not enough. It is only one of three hurdles that must be cleared before the possibility of the exercise of the discretion conferred by rule 13.3 can arise. What are the circumstances that led to judgment being entered against her?

2 2. The claimant, Mr. James Robertson, issued a writ with a statement of claim on March 5, 2001. He alleged that Mrs. Maxine Henry-Wilson, the first defendant, issued a press release, on or about January 28, 2001. This release, he alleged, was broadcast by CVM Television Limited, the second defendant. The release is alleged to have contained these words

The National Executive Council of the People's National Party, has condemned JLP Caretaker for West St. Thomas, and prominent member of his party (sic) G2K Youth Leaders Group, Senator James Robertson for using violent and intimidatory tactics to try to prevent the PNP from holding a meeting in Yallahs today (Sunday 28, 2001).

JLP supporters led by Mr. Robertson, blocked sections of the road leading to Yallahs, just prior to the convening of the PNP meeting...

3 3. The statement of claim has other quotations, allegedly from the press release which have not been included here. What has been said suffices to give the tenor of the press release. Mrs. Henry-Wilson entered an appearance on March 19, 2001. She did not and has not filed a defence. Mr. Robertson entered judgment against her.

4 4. CVM Television Limited filed a defence on April 4, 2001. The defence also stated that an apology to Mr. Roberson had been aired.

5 5. This application first came before Hibbert J on October 6, 2004 and was adjourned to November 9, 2004. Between these dates, Mr. Michael Vaccianna from the firm of Vaccianna and Whittingham, the firm representing Mrs. Henry-Wilson, filed an affidavit to buttress the application. He says that despite his request to the broadcaster for a copy of the tape recording and the transcript he only got the transcript of the programme in October 2003. He is still awaiting a copy of the tape recording of the broadcast. Mrs. Henry-Wilson filed an affidavit as well. To put it mildly, Mrs. Henry-Wilson's affidavit did not address paragraphs (a) and (b) of rule 13.3. Mr. Vaccianna's affidavit has not added any significant new information. His affidavit covers much the same ground as Mrs. Henry-Wilson's.

6 6. Rule 13.3 states

Where rule 13.2 does not apply, the court may set aside a judgment entered under Part 12 only if the defendant -

• (a) applies to the court as soon as reasonably practicable after finding out that judgment had been...