JS – JAMAICA – The Supreme Court has turned down an application by reggae artiste, Tony Rebel, to defend the lawsuit brought against him for breach of copyright.
Justice Kirk Anderson heard the application on Wednesday and held that since the documents were served on Rebel’s attorney, he cannot say he did not have knowledge of a default judgement.
Attorney-at-Law Garth McBean, who is representing Tony Rebel, applied for leave to appeal and it was granted.
Tony Rebel was seeking to have the default judgment set aside so he could defend the lawsuit.
The lawyer who was representing him when the default judgment was entered in 2006, has since died. Tony Rebel is contending that the lawyer did not inform him about the default judgment.
The judge found, however, that the order was served on his then lawyer in 2006. The judge stated that the entertainer must have known about it and did not act promptly.
When the case began in March, it was discovered that as far back as 2006, a default judgment was entered against Tony Rebel because he did not file the relevant documents within the prescribed time ordered by the court.
The lawsuit was brought by musician Wayne Lattibeaudiere, who is claiming Tony Rebel breached his copyright in relation to the composition Going Home which was released under the title La La Bella.