The Grand Court has set aside a default judgment against Cayman Marl Road administrator Sandra Hill, which means she will no longer have to pay out $105,000 to businessman John Felder who sued her for defamation.
During a hearing on Tuesday, 22 Nov., attorney Kyle Broadhurst appeared before Justice Robin McMillan, who had imposed the original default judgment against Hill.
“The basis of our application was that the default judgment was irregular and improperly obtained. That application was successful, and the default judgment was set aside,” said Broadhurst in an email to Cayman Compass, who could not attend the proceedings in person, as they were held in chambers.
The default judgment in question stemmed from a civil defamation lawsuit filed by Felder on 27 Dec. 2019, which was followed up by a statement of claims on 29 Jan. 2020.
In the statement of claims, Felder alleged that “several defamatory articles were published by the Defendant about the plaintiff and attacking his character and his business practices”.
By initially entering the default judgment against Hill, McMillan paved the way for Felder to apply for damages against her; and on 14 Sept., Justice Marlene Carter granted Felder’s application for damages of $105,000.
However, because McMillan has set aside his initial default judgment, the secondary order for costs will no longer apply.
“As a result of the default judgment being set aside, the subsequent order of the Hon. Ms. Justice Carter concerning the quantum of the default judgment (i.e. the amount of the damages), cannot stand and will also be set aside but that will need to be addressed in a subsequent order,” said Broadhurst.
No date was set for when the proceedings will return to court.
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