2017

Injunctions - Application to discharge interim injunction - Considerations for discharge of injunctions - Inter-partes hearing of interim injunction - Considerations for the granting of an injunction - Failure to reseal probate granted in foreign jurisdiction.

Family Law  Division of Family Home - Property (Rights of Spouses) Act – Equal share Rule -Variation of the equal share rule- Property registered in the name of one spouse-Property owned by one spouse prior to marriage.

Damages – Assessment – Fatal Accidents Act – Claim for funeral expenses
Law Reform (Miscellaneous Provisions) Act - Deceased 16 years old – Whether Claimant is personal representative of estate of deceased

Trusts - Trust for sale - Application by administrator general for directions regarding the sale of trust property - Duty of administrator general - Independent valuation of trust property commissioned by administrator general - Valuation partially dependent on company’s audited financial statements - Whether there is actual or apparent bias or conflict of interest in the manner in which the audit was conducted to affect the reliability of the valuation - Sections 39, 40, 43 and 44 of the Administrator General’s Act

Contract - Whether valid agreement reached - Whether defendant liable to compensate claimant for sums expended.

Fraud – Definition of fraud – Burden and standard of proof – Registered title – Effect of ss.70 and 161 of the Registration of Titles Act – Effect of ss. 164-168 of the Registration of Titles Act – Whether 2nd defendant is exempted from liability by virtue of s.160 of the Registration of Titles Act – Need to prove fraud on the part of the present registered proprietor if claim is to be proven

Commitment letters setting out terms of loan agreements between the claimant and the 1st defendant – 3rd defendant’s guarantee agreement with the claimant – Whether summary judgment should be awarded to the claimant – Whether the 3rd defendant’s defence is one which has a realistic prospect of success – Variation of initial loan agreement – Circumstances in which guarantor will be discharged from guarantee agreement – Whether guarantee agreement was a continuing security – Whether guarantee agreement is applicable as between the claimant and the 3rd defendant

Negligence – Motor vehicle accident – Liability – Driver of 1st defendant’s vehicle not served - Vicarious liability – Damages - Assessment

Judicial Review – Certiorari - Minister’s referral to Industrial Disputes Tribunal – Whether ultra vires – Labour Relations and Industrial Disputes (Amendment) Act 

Insolvency – Convertible debenture – Appointment of joint receiver – Managers by debenture holder – Duty of receiver – Managers to the debenture holder in the exercise of the power of sale under the convertible debenture – Whether receiver – Managers in breach of duty – Termination by the debenture holder of the receiver – Managers at the point of their exercising their power of sale – Whether any basis exist upon which receiver – Managers may refuse to accept termination – Duty of debenture holder – Whether debenture holder in breach of duty – Whether a court of equity can invalidate the t