2019

Applicability of Account Agreements – Generally, later contracts rescind or vary previous contracts in relation to the same subject matter – Most recent Agreement applicable – No basis to have recourse to the common law – Implied Plea of non est factum – No duty to explain effect of Agreements – Fraudulent cheques containing forged signatures – Account debited based on the payments on fraudulent cheques – Alleged breach of contract – Express provisions covering customer’s duties – Effect of forgery clause – Forgery clause neither unreasonable nor ambiguous – Scope of verification/conclusive

Application to set aside default judgment – Rule 13 of the Civil Procedure Rules (CPR) – Whether application for relief from sanctions under rule 26 of the CPR is required – Requirements to set aside default judgment – Real prospect of success in defending claim is foremost consideration – Applicant must have an affidavit of merit – Waiver of affidavit of merit possible only in exceptional circumstances – Applicant must have acted promptly and have a good explanation for failure to comply – Court still has discretion to set aside judgment where application not prompt and there is no good ex

Building contract - Quantum meruit – Question of compliance with sound building practices – Claim of defects in construction.

Disclosure – Unless order – Whether there has been compliance – Application for security for costs – Rules 28 and 24 of the Civil Procedure Rules 2002.

Claim for 50% share in home and other properties – Parties unmarried – Whether claimant is spouse – Whether parties separated – Whether limitation period applies – Property (Rights of Spouses) Act ss. 2, 4, 6, 7, 11 & 13.

Land Dispute – Three properties merged into one – Land brought under the Registration of Titles Act – Whether title obtained by fraud – Whether claim is statute barred – Adverse possession – Limitation of Actions Act – Registration of Titles Act (RTA), ss. 42, 68, 70, 71, 153, 158, 161 & 168.

Negligence - Motor vehicle accident – Motor car and pedal cyclist - Credibility of parties – Whether Claimant contributorily negligent - Damages - Assessment - Personal Injury.

Trial in Chambers — No dispute of facts — Performance Bond — Defendant not a
party to the Performance Bond — Defendant provided title to land as security for
the Performance Bond — Whether deposit of title created equitable mortgage.

Civil Procedure - Application to set aside default judgment and for permission to file defence out of time - Civil Procedure Rule 13.2 and 13.3

Contract - Promissory note – Defences to claim on promissory note – Whether defence of set-off possible on counterclaim