2022

Application for extension of time to file defence - Application for default judgment to be entered - Rules10.3(9), 12.1, 12.5 and 13.4, 26.1(2) (c) of the Civil Procedure Rules - Lengthy and inordinate delay - No good reason provided - Good and arguable defence

Amendments to a Fixed Date Claim close to the trial date -  CPR 20.4 and the exercise of the court’s discretion, the considerations to be made when granting an amendment - The scope of declaratory relief - Whether declaratory relief is executory.

Summary judgment - Rear end collision - Admission of negligence - No admission of causation - Denial that the claimant was involved in the collision - Denial that the minor collision caused any injury or loss - Whether court should enter summary judgment.

Judgment on admissions - Admission is to come from defendant and must be in clear terms.

Motor Vehicle accident – Negligence - Duty of motorist while turning from major road to minor -  Negligence – Duty of care – Overtaking along unbroken white lines.

Landlord & Tenant – Breach of Agreement for Quiet Enjoyment – Establishing Breach of Quiet Enjoyment - Whether Claimant has shown any facts that show a breach of the Agreement for Quiet Enjoyment.

Contract – Breach of Contract – Whether Claimant has established breach of contract – Whether the right of re-entry was properly exercised under the contract.

Application to extend the time to file defence, claim for adverse possession, failure
to file defence due to inadvertence, real prospect of success, explanation for the
delay, application of the overriding objective; parties’ duty to further the overriding
objective.

Civil Procedure – Summary judgment – Claim in negligence arising from rear-end motor vehicle collision – Agony of the moment defence – Part 15 of the Civil Procedure Rules

Assessment of damages - Soft tissue injuries to forehead, left hip and legs -  Whether contributory negligence can be raised at the assessment of damages after a judgment on admissions - Whether the claimant is contributory negligent for not wearing a seat belt in the back seat of a taxi.

Quantum of damages - Partial amputation of right thumb-closed fracture right femur - Open type II fracture mid to distal tibia and fibula-degloving injury to right ankle - Degloving injury to right forearm - 44% whole person impairment