The Hon. Mr. Justice Evan Brown

Construction Developers Association Ltd v Urban Development Corporation

Although the court is notoriously slow to exercise its power to strike out a

statement of case, where the pleaded defence allege the claims to be statute barred,

in the absence of a reply averring an exception to the operation of the statute/ the

court, in giving effect to the overridng objective of the CPR, will be constraimd to

strike out the statement of case.

Campbell, Juliet, Buchanan, Oren v Prendergest, Donnette and Hall, Junior

Tortious damage to property; credibility; assessment of damages; betterment.

When the incredulity of ,the defendants is juxtaposed with the credibility of

. .the claimants, the aphorism, "truth press down is like oil poured in water, it

: rises to the top," comes into sharp focus. The court is constrained not to look

askance at the manifest truth of the claim. Accordingly, the claim is found

proved on a balance of probabilities.

Real Estate Board v Spence, Victor et al

Application for interlocutory injunction - Statutory  mortgagee seeks to restrain institutional mortgagee - Whether exercise of power of sale should be postpones to the grant of approval by statutory mortgagee - Aqequacy of damages - Delay and acquiescence.

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