Thomas v The Attorney General

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Saunders, J,Saunders, J.
• Judgment Date: 27 April 1999
• Neutral Citation: AI 1999 HC 4
• Docket Number: Civil Suit No. 126 of 1998
• Date: 27 April 1999

High Court

Saunders, J.

Civil Suit No. 126 of 1998

Thomas

and

The Attorney General

Appearances:

Ms. C. Petty for the defendant/applicant

Mr. E. Gaskin for the plaintiff/respondent

Practice and procedure - Writ of summons — Statement of Claim — Application to dismiss.

Facts: Plaintiff alleged that his contract of employment with defendant was wrongfully terminated. No defence was filed, but an application was filed instead to dismiss the action. The issue was whether the plaintiff's action was statute barred under the Public Authorities Protection Act, s. 2(a).

Held: The application of the defendant was premature. The contention that the action was statute barred ought to be placed in the defence.

1 Saunders, J. The plaintiff instituted this action against the Crown by a writ of summons filed on the 23 ^rd December, 1998. The claim is for damages for wrongful determination of the plaintiff's contract with the Government of Anguilla. The plaintiff alleges that the contract was wrongfully determined on or about the 2 ^nd May, 1996.

2 On the 12 ^th March, 1999 the plaintiff filed a statement of claim. No defence has as yet been filed. Instead, the defendant filed an application to dismiss the action. The ground upon which this application is based is that the action is barred by section 2(a) of the Public Authorities Protection Act. That section requires a plaintiff to commence certain proceedings within six months of “the act, neglect or default complained of…..”

3 In support of the application I was addressed by Ms. Petty for the Crown. Her arguments, presented in an able manner, were supported by several authorities. For reasons which will become apparent, I have no need to refer to any of these authorities.

4 Order 18 rule 8 of the Rules...