A defence was not filed in response to the suit, which was filed in the Supreme Court last year, and lawyers representing businessman Hurshel Cyrus applied for a default judgment.

Strachan applied to have the judgment set aside. He contended that he was off the island last year at the time it was alleged that he was served with the claim form, and was still off the island.

Acting Supreme Court Judge Carol Edwards heard legal arguments in chambers and ruled that there was no evidence before her to substantiate Strachan's claim that he was not served.

Not served

Attorney-at-law Christopher Townsend, who is representing Strachan, said yesterday that another application was going to be filed for the default judgment to be set aside. He said Strachan was maintaining that he was out of the jurisdiction at the time of the alleged service and could not be served.

Townsend said the issue as to whether the money was owing to Cyrus was being seriously contested.

The lawyers representing Cyrus said yesterday that they were going to take immediate steps to recover the money. They said Cyrus would be applying for a writ to have Strachan's assets seized and sold. The lawyers said caveats would be lodged against any properties Strachan had to prevent him from disposing of them.

barbara.gayle@gleanerjm.com