2018

Claim for marital property – Adverse possession – Owners of property own same as tenants-in-common – Whether claimant had possessed property in circumstances excluding the defendant from possession – Presumption of possession in favour of both title holders – Application for an extension of time under Property (Rights of Spouses) Act – Factors to be considered by court upon application for an extension of time to apply to court for division of property.

Civil practice and procedure – Application for summary judgment – Debt owed by one party to another – Attempt by debtor to assign debt – Assignment ineffective – Declaration of trust - Trustee refusing to bring claim against his debtors – Beneficiary of the trust bringing claim against third party debtor – Whether there exist any basis for summary judgment – Civil Procedure Rules 2002, part 15, rule 15.2.

Contract for services – Contract providing for provision of consultancy services in letter of engagement – Payment terms incorporated into the letter of engagement – Employer refusing to pay fees under the contract – Whether basis for payment under the contract was triggered – Whether any basis outside of contract for payment on a quantum meruit basis.

Judicial review – Reviewing the hearing process of an inferior tribunal – Duty to act fairly – What is fairness – Nature of duty to particularize grounds of claim – Certiorari – Legitimate expectation – Natural justice.

Negligence - Personal injury - Motor vehicle collision -  Road Traffic Act.

Application to set aside order -  Section 206 of the Companies Act – Scheme of arrangement - Whether court has jurisdiction to permit meeting – Whether meeting with creditors a prerequisite to permission.

Judgment entered in default of acknowledgement of service – Application to set aside default judgment – Whether application to set aside default judgment was filed as soon as was reasonably practicable – Failure of defendant to challenge ex parte order for service out of the jurisdiction – Mere exhibiting of draft defence and reference to the contents thereof by an attorney, is inadequate – Disputed facts.

Application for summary judgment – Applicable legal principles – Burden of proof – Mortgagor and mortgagee – Privity of contract – Negligence – Breach of fiduciary duty – Unjust enrichment

Loan contract – Monies borrowed for the benefit of interrelated companies – Each company receiving a separate portion of the loan with obligation to repay that portion with interest – Corporate and cross guarantees signed by each company – Separate personal guarantees also provided for the said loan by two individuals – Loan in default – Guarantors called on by the bank to honour the guarantee – Loan repaid by one guarantor – One individual guarantor seeking to claim from the other an indemnity under the guarantee – Whether guarantor obliged to sue the principal debtors first – Whether loan