CIVIL PROCEDURE – APPLICATION FOR SUMMARY JUDGMENT – RULE 12.10 (4), (5) OF THE CIVIL PROCEDURE RULES

Matrimonial Property - Division of matrimonial property- Whether claims statute barred - Whether parties entitled to equal share of the beneficial interestUndeveloped land bought as joint tenants - Building erected on land during parties' separation - Property (Rights of Spouses) Act sections 6, 7 and 13.

For the purposes of this judgment, it is necessary to briefly outline the history of the adjoining properties and; secondly, the circumstances in which the disputed column and wall boundaries between these properties came into existence

Mediation settlement agreement - Application to have mediation agreement declared not binding for uncertainty and have Claim heard - Counter application to have agreement enforced - Was the requirement to use ‘best endeavours’ to realise a lease with a 3rd party a sufficiently certain term to make the contract binding - Was there adequate consideration for the agreement

STATUTORY INTERPRETATION  INDEPENDENT COMMISSION OF INVESTIGATIONS ACT – INTERPRETATION OF SECTION 4, 12 AND 21 OF THE STATUTE – WHETHER INDEPENDENT COMMISSIONER CAN OBTAIN DOCUMENTS UNDER ANY OF THOSE PROVISION

Real Property - Tenants in Common – Legal and Beneficial Interest - Common Intention - Trusts