Jersey Unreported Judgments

Family - summons to set aside the judgment of 31 August, 2018

[2018]JRC220

Royal Court

(Samedi)

28 November 2018

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Blampied and Sparrow

 

Advocate S. A. Hurry for the Plaintiff.

Advocate R. S. Tremoceiro for the Defendant.

judgment

the deputy bailiff:

1.        This is an application to set aside a judgment taken in default.  It is brought by H, the defendant in proceedings brought by his former wife G, to enforce the benefit of an order in the family court in Country A.

2.        The defendant, whose application this is, was previously represented by advocates in Jersey, but for reasons that are not explained in the correspondence, he no longer instructs Jersey advocates and indicates that he will not be attending before court today.  Other than recording the fact that he maintains his dispute with the plaintiff we are no better informed by him as to the reason for his lack of attendance.

3.        We have however, had the opportunity of reading the skeleton arguments and the affidavits prior to coming into court and without making a finding, as of course there has been no argument before us, it did not appear to us that the defendant had a case which was likely to succeed on its merits.  The points that he raised appear to us to have been thoroughly and comprehensively answered by the affidavit of counsel in Country A, and absent anything which should cause us to deviate from that view, we take the view that his case was inarguable before us.  However, he has not appeared and on first principles therefore we dismiss his application.

No Authorities