Landlord and tenant - Agreement for a lease - Draft lease not executed as some terms were found objectionable by the tenant - Parties operating under the agreed terms of the draft lease - Claim by lessor for rent and outstanding maintenance - Whether maintenance properly charged to the tenant as additional rent - Whether tenant obliged to pay insurance and depreciation on the buildi
Civil Procedure and practice - Application for summary judgment - Whether application notice complies with the rules - Whether failure to comply with the requirements of the rules in the notice fatal to the application - Whether a claim with disputed - Facts and voluminous pleadings is amenable to summary judgment - Whehter issues narrow regardless of volume of documents - Part 15, Rule 15.4 and 15.2 of Civil Procedure Rules - Agency - Claim against bank employees and agents for negligence - Conspiracy, fraud and breach of fiduciary duty - Whether such as claim against employess and agen
Judicial review - Application for certiorari - Review of award made by the Industrial Disputes Tribunal - Duties and powers of Tribunal - Power of the court on review - Meaning of unjustifiable dismissal - Whether the tribunal applied the correct legal test - Whether tribunal failed to take into account relevant considerations - Whether procedure for dismissal unfair - Whether tribunal failed to consider total procedure - Whether errors of law were made - Finality of findings of fact - Industrial Disputes Tribunnal - Unjustifiable dismissal - Discretion to order - reinstatement - Whether di
Real porperty - Strata title - By-Laws restricting user to office or shops - Whether church operation in the mall has resulted in unreasonable interference with use and enjoyment of common areas by other proprietors - Complaints that church causing noise and other nuisance - Continuing breach of covenant using shops as a church - Continuing disputes over parking spaces and noise - Strata run by corporation - Whether there was acquiescence to the breaches by the executive management committee - Whether complaint now deprived of right to enforce the by-laws - Whetehr injunctive relief unjust
Company law - private company - Directors power to allot shares - Whether share allotment by one of two existing directors valid - Shares allotted for improper purpose - Whether breach of pre-emption rights - Effect of improper allotment.
Civil Procedure - Applications for court orders - Applications made pursuant to liberty to apply clause in a consent order - Whether application for disclosure and verification of sums a variation of the consent order - No requirement for disclosure or verification in the relevant paragraph of the consent order - Whether the liberty to apply clause may be used for such applications - No fraud, misrepresentation or change of circumstances.
Application to strike out - Whether claim frivolous, vexatious and an abuse of the process of the court - Whether any reasonable grounds for bringing the claim - Parties in previous litigation - Claim compromised and agreement attached in schedule to Tomlin Order filed in court – Terms varied by the parties - Court refused to exercise summary jurisdiction to enforce Tomlin Order - Whether current claim an attempt to enforce original agreement - Whether claim sustainable to prosecute new agreement as varied.
Company – Claim brought by company directors against debenture holders - Company later placed in receivership – Appointment of receiver by debenture holders - Directors continuing claim without consent of receiver – Debenture holders applying to have claim struck out for failing to secure receiver’s consent - Concurrent power in receiver and directors to bring action in the name of the company - Whether consent of receiver required-whether indemnity necessary if no consent is given - Whether claim should be struck out if no security for costs is provided-applicability of section 388 of Com