May 2011 Financial News

Paymaster appeals for stay of execution

May 04, 2011

The Court of Appeal heard legal arguments Monday in the appeal brought by Paymaster Jamaica Ltd which is seeking a stay of execution of a court order that it must pay millions of dollars in damages and legal costs before its appeal is heard.

The money is to be paid to defendants GraceKennedy Remit-tance Services Limited (GKRS), which operates Bill Express, and computer programmer Paul Lowe.

Paymaster wants the court order to be stayed until its appeal has been heard against a Supreme Court judgement last year which was in favour of GKRS and Lowe.

Paymaster had brought a suit in the Supreme Court making several claims, one of which was that GKRS had breached its copyright of a software programme which was designed by Lowe.

Former Supreme Court judge Roy Jones ruled on April 30 last year that Paymaster did not own the copyright in the software. Justice Jones found that Lowe who was represented by attorney-at-law Vincent Chen was the author and owner of the software and never intended to assign his ownership to Paymaster.

The judge found that GKRS did not use Paymaster's business plan, but developed Bill Express from its own efforts.

stay of execution

Paymaster applied for a stay of execution of the judgement but Court of Appeal Judge Hazel Harris turned down the application in January.

She said there was no evidence of any risk of Paymaster not being able to recover any amount paid for damages in the event it was required to pay damages before the appeal was heard.

Michael Hylton, QC, who is being instructed by DunnCox in making submissions on behalf of GKRS has asked the court not to set aside the order.

The Court of Appeal says it will decide on Friday whether Paymaster will get the stay.


Source:
barbara.gayle@gleanerjm.com
Jamaica Gleaner
Wednesday May 4, 2011

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