The Hon. Miss Justice Carol Edwards

Limitation of Actions- Application for extension of time to file claim in negligence-

Law Reform (Miscellaneous Provisions) Act- Fatal Accident Act-Whether discretion

to extend time exists-Statute of Limitation-Discretion to extend time under the Fatal

Accidents Act-Factors to be considered thereunder.

Declaratory Relief-Motor Vehicles lnsurance (Third-Party Risks)

Act sections 4,5, and 18-Liability of lnsurance Company to

indemnify- Limitation as to user-Motor vehicle accident-

Whether liability is a liability covered by the Policy- Meaning of

the words "for hire and reward!'- Whether necessary to prove

habitual user.

Negligence - Medical specialist - Controversial treatment - Whether departure from acceptable medical practice - Duty to inform of risk-whether failure to warn - Consent to treatment - Standard of disclosure required - Whether objective or subjective test is to be applied  - Whether defendant liable.

Negligence-medical specialist-controversial treatment  - Whether departure from acceptable medical practice - Duty to inform of risk - Whether failure to warn - Consent to treatment-standard of disclosure required - Whether objective or subjective test is to be applied - Whether defendant liable.
 

Division of property-claim for equitable interest in

property- former co-habitants-title in the name of one

party-separate mortgage loans taken by both parties to

improve property-effect of statutory declaration denying

equitable interest-payment of mortgage installmentscommon

intention of the parties.

Application to set aside Default Judgment regularly obtained;

Rule 13.3 of the Civil Procedure Rules 2002, as amended

2006; Ovemding objective; Approach taken by the Courts.

Employment law – Dismissal by reason of redundancy – Acquisition of one company by another – Whether redundancy situation created – Meaning of same employer – Whether claim statute barred – Employment (Termination and Redundancy Payment) Act, sections 5, 6, 7, 10 and 15 – companies Act section 151.

Property (Rights of Spouses) Act – application made out of time – extension of time granted – leave to apply not granted – jurisdiction – effect of Brown v Brown – validity of the fixed date claim form filed before leave granted – effect of Allen v Mesquita.

Extradition – proceedings before magistrate – Duty of magistrate – Test for committal – Whether magistrate obliged to conduct meaningful judicial proceedings – Need for proceedings to be conducted fairly – Whether arrest in good faith - Extradition – Delay in making request – Meaning of unjust or oppressive – Habeas corpus application – Review of order for committal – Role of the reviewing court – Whether to discharge from custody.

Matrimonial property – Parties separated – Division ofmatrimonial property – Family home – Variation of equal share rule – Section 6, 7, 13, 14 and 15 of the property (rights of spouses) Act - Financial provision – Maintenance of wife – Maintenance of child of the family – Custody – Sections 10, 20, 21 and 23 Matrimonial Causes Act – Sections 8, 5, 9 and 14 of the Maintenance Act.