2016

Application to modify restrictive covenant - Whether modification injures the persons entitled to the benefit of the restriction - Whether modification changes
the character of the neighbourhood - Whether the existence of the covenant impedes reasonable use of the land.

Application for summary judgment- Spouse of mortgagor alleging undue influence- Certificate of advice from Attorney-at-law – Whether bank satisfied duty of care – Whether Royal Bank v Etridge (No 2) states applicable duty

 Negligence - Motor Vehicle Collision - Liability of Parties - Contributory Negligence - Assessment of damages

Intestates’ Estate and Property Charges Act – Definition of Spouse – Meaning of Cohabitation in law as if husband and wife – The relevant factors used to test cohabitation - Validity of copy will - Part 11.18 of the Civil Procedure Rules- Application to set aside Orders – Delay and Prejudice

Breach of contract- Negligence - Duty of care- Breach of duty of care – Sufficient relationship of proximity or neighbourhood - Burden of proof- Balance of probabilities - Experts’ evidence

Mortgage – Whether fraud or undue influence – Limitation of Actions Act – Whether applicable to Statutory Power of Sale - Whether duty of Mortgagee to satisfy self of mental competence of the person executing the mortgage.

Application To Strike Out – Whether No Reasonable ground for bringing claim – Registration of Titles Act – Duty of Registrar – Whether Caveat renewed – Whether Registrar’s Reasons valid – Procedure – Whether permission to issue summons to Registrar required – Whether procedural error can be corrected.

Lease - Registration of Titles Act - Whether unregistered lease for ten years enforceable - Whether new owner can enforce lease against original tenant - Whether tenancy terminated or surrendered - Whether tenant liable for unpaid rent – Whether new owner accountable for deposit.

Negligence - Causation - Defence as to quantum- Assessment of damages – Claimant survives an aeroplane accident – Injuries to his face, arms, legs and back – Post traumatic stress disorder – Permanent pain – Whether pain attributable to physical injury or psychogenic