2015

Civil procedure - Application to withdraw admissions - Application for summary judgment - Whether admissions should be withdrawn - Summary judgment - Whether there is real prospect of successfully defending the claim

Negligence - Motor car collision – Defendant entering major road from minor road - whether Claimant caused or contributed to the collision.

Proceeds of Crimes Act - Section 32 - Restraint order  - Non disclosure - Whether restraint order should be discharged.

Proceeds of crime - Applicatin for extension of restraint order to the property - Whether restraint order should be extended to cover other property - Whether court can put monetary limit on restraint order.

Application for Leave to Apply for Judicial Review - Rule 56 of the Civil Procedure Rules (CPR) – Whether Requirements Satisfied – Whether Strata Corporation in Breach of National Water Commission Act and Office of Utilities Regulation Act – Whether Decision of Strata Appeals Tribunal Irrational and/or Unreasonable.

Court's consideration as to whether it should make a striking out order on its own inititative - Distinction between application to strike out on ground that statement of case of defendant discloses no reasonable basis for defendint the claim and an application for summary judgment on ground that defence has no realistic prospect of success - Summary judgment cannot be obtained against the crown - Striking out order only to be made in plain and obvious cases

Family Law - Application for custody of child - Principles to be considered in awarding joint custody

Damages – Chronic lumbar strain soft tissue injury rated at 3% whole person impairment

Motor vehicle accident – Liability – Driver of 2nd Defendant’s vehicle not attending trial - Credibility – Damages - Quantum.

Whether husband’s business and other assets purchased therefrom are matrimonial property – Application by Wife who worked in business for division of matrimonial property – The Property (Right of Spouses) Act, Section (14) – Whether wife entitled to a share of matrimonial property