The Full Court in a ruling earlier this month overturned a decision by Justice Sandil Kissoon after finding that he erred in striking out an affidavit-in-defence in a case which he declared as having no triable issue.
Justices Priya Sewnarine-Beharry and Fidela Corbin-Lincoln, sitting in the Full Court, ruled that in keeping with the Civil Procedure Rules (CPR), it was incumbent upon Justice Kissoon having heard of the Fixed Date Application (FDA) to proceed to determine the application based on the evidence before him or if there was insufficient evidence, to determine the application on its merits or dismiss the application.
The court said that alternatively the judge could have proceeded as if the FDA was commenced by Statement of Claim (SOC) and conduct the hearing as the first Case Management Conference, in compliance with the CPR.
