Rupert Fletcher Plaintiff v Mayor & Citizens of Castries Defendants [ECSC]

• Jurisdiction: St Lucia
• Judge: d'Auvergne J.
• Judgment Date: 04 May 2000
• Judgment citation (vLex): [2000] ECSC J0504-4
• Court: High Court (Saint Lucia)
• Date: 04 May 2000
• Docket Number: CIVIL SUIT NO 385 OF 1999

[2000] ECSC J0504-4

IN THE HIGH COURT OF JUSTICE

CIVIL SUIT NO 385 OF 1999

Between

Rupert Fletcher

Plaintiff

and

Mayor & Citizens Of Castries

Defendants

1 d'Auvergne J. On the 19^th of May 1999 the Plaintiff filed a writ of Summons indorsed with a Statement of Claim seeking special damages for breach of Contract of employment in the sum of $84,487.01 general damages, interest and any other relief that the Court may deem just.

d'Auvergne J.

2 The Writ of Summons was served on the first mentioned Defendant on the 1^st of June 1999 and an appearance was entered on behalf of the Defendants eight days later viz 9^th June 1999. No defence was ever filed and on the 6^th of August 1999 Default Judgment with damages to be assessed was granted to the Plaintiff.

3 On the 10^th of September 1999 Summons for Assessment of Damages was filed supported by an affidavit of even date which was served on the Defendants' Solicitors' Secretary on the 8^th of October 1999.

4 On November 4^th 1999 the Defendants took out a summons upon an application to set aside the judgment in default. The summons was supported by an affidavit of Irvin John Mayor of the City of Castries, various exhibits were appended to that affidavit one of which is a draft defence.

5 The said affidavit reads as follows:

I, IRVIN JOHN of the City of Castries, Mayor in the employ of the Castries City Council make oath and say as follows:-

• 1. That I am duly authorised to make this affidavit on behalf of the above-named Defendants.

• 2. That a Writ endorsed with a Statement of Claim was filed against the Defendants, on the 19^th of May, 1999, claiming inter alia Special Damages of $84,487.01, General Damages, Interest, further or other relief.

• 3. That the said claim for Special Damages, included inter alia:-

  • i. Loss of Salary from the 15^th of January, 1998 — May, 1999 and continuing.

  • ii. Traveling allowance from January, 1998 — May, 1999

  • iii. Gratuity due and owing as of May, 1999 and continuing of$26,522.60

• 4. I am informed and verily believe that an Appearance was entered by the Solicitors for the Defendants on the 9^th of June, 1999.

• 5. I am informed and verily believe that following the entry of Appearance, negotiations were taking place between the Plaintiff's Solicitor and the Defendants Solicitors, as to a manner of resolving and settling this suit, and in that regard numerous telephone calls and correspondence was exchanged between the parties. See exhibits marked"CCC 2", "CC3", "CCC4", "CCC5" and "CCC 6".

• 6. I am informed and verily believe that uncharacteristically the Plaintiffs Solicitor entered a Judgment in Default of Defence on the 13^th July, 1999 against the said Defendants, even though negotiations were ongoing, and even though there was a real prospect of an amicable settlement.

• 7. That the said Judgment when initially filed by the Plaintiff s Solicitor was irregular, in that the said Judgment appeared to be a Final Judgment, though the Plaintiff's claim was for an unliquidated demand, and therefore, judgment should have been interlocutory. The said Judgment was made regular by the intervention of the Registrar of the Court.

• 8. That the essence of the Plaintiff's claim innot for wrongful dismissal unfair dismissal or otherwise but it is a claim solely for Quantum, claiming loss of wages and benefits, and as appears to be suggesting though not specifically saying so, that adequate notice or payment in lieu of notice, was not given to the Defendants.

• 9. I am informed and verily believe that the Defendants have a good and arguable defence to the claim filed, as can be seen from the defence exhibited hereto and markedExhibit "CCC1" namely:-

  • (i) That the Plaintiff was employed with the Council for a period of six years from June 1991.

  • (ii) That the Plaintiff's employment was made redundant, as the Solid Waste Management Project had taken over thedisposal of garbage island wide and including within the City and therefore the Plaintiff's position with the City as a Garage Manager for the maintenance of...