The Hon. Mr. Justice David Batts

Trial in Chambers — No dispute of facts — Performance Bond — Defendant not a
party to the Performance Bond — Defendant provided title to land as security for
the Performance Bond — Whether deposit of title created equitable mortgage.

Contract - Terms of contract - Tender and successful bid - Duty of defendant- Whether implied duty to certify suitability of  laimant’s equipment - Claimant failed to meet targets - Whether failure due to inadequate equipment - Counter claim – Measure of damages.

Trust – Voluntary “Investment club” – Olint - Whether money invested as instructed – Whether duty to account - Whether breach of trust.

Application for summary judgment  - Contract - Flow Super Cup - Claim and
counterclaim - Defence that amounts collected were spent for the claimant’s
benefit - Whether real prospect of success - Counterclaim reliant on an oral
agreement - Whether real prospect of success.

Applications to set judgment aside to remove caveat and for summary judgment - Applications in separate claims heard at the same time - Whether delay explained - Whether real prospect of decence succeeding - Whether interest in land such as to support caveat - Contract - Dispute settled - Whether independent legal advice precludes allegation of undue influence.

Constitutional law – Right to fair trial within a reasonable time – Period before charge 27 years – Period after charge 7 years – Incest – Indecent Assault – Whether delay breached right to hearing within a reasonable time – Whether right to fair hearing breached or is likely to be breached – Whether stay of proceedings the appropriate relief – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act – Section 16.

Company Law – Section 206 of the Companies Act - Scheme of Arrangement- Duty of court - Whether the Scheme of Arrangement is fair –Whether meeting to consider scheme properly constituted – Whether class or interest of shareholders relevant - Pending application to bring derivative action - Whether court should sanction the Scheme of Arrangement- Whether application to approve scheme should be stayed until after application for permission to bring derivative action is heard-Whether attorney who filed affidavit should appear as counsel.

Application to Strike out Claim –Arbitration - Section 12 (2) Arbitration Act (1900) – Construction of Contract – Mitigation of Damages – Whether misconduct - Whether error of law on face of the record – Court’s inherent jurisdiction – Whether reasonable ground to bring claim.