Master Heather Carnegie (Ag.)

Property Rights of Spouses Act (PROSA) – Common law property - Application to make claim for division of family home - Delay – Prejudice – Whether the overriding objective can be preserved in the granting or non-granting of the extension of time – Limitation of Actions Act – Adverse possession.

Civil Procedure – Application to strike out ancillary claim and ancillary particulars of claim for improper procedure – Whether nullity or procedural error - Issue estoppel - application to strike out amended defence after the limitation period – Civil Procedure Rules Parts 18, 20 and 29.

Civil Procedure – Application to strike out ancillary claim and ancillary particulars of claim for improper procedure – Whether nullity or procedural error- Issue estoppel - Application to strike out amended defence after the limitation period – Civil Procedure Rules Parts 18, 20 and 29.

Civil – Interim payment – Damages for personal injury – Time within which defendants to file response to application for interim payment