The Hon. Mr. Justice Bryan Sykes

Admissability of paragraphs of a witness statement - Sections 31E and 31F of the Evidence Act - Rules 8.9(3), 8.11(3), 10.5(6), 29.1(a), 29.2, 29.5(1), (a), (c), 29.5(2).

Application to set aside judgment - Judgment set aside - Whether court on own motion can enter judgment.

CONTRACT - CONTRACT TO PURCHASE SHARES - AGREEMENT

EMBODIED IN COURT ORDER - PROPER CONSTRUCTION OF THE

ORDER - WHETHER CONTRACT FRUSTRATED - WHETHER

PERFORMANCE OF CONTRACT MAKES IT FUNDAMENTALLY

DIFFERENT FROM WHAT IT WAS WHEN MADE - MISTAKE,

COMMON, MUlWAL AND EQUITABLE - EFFECT OF AGREEING THAT

THIRD PARTY VALUE SHARES

APPLICATION TO SET ASIbE GRANT OF LEAVE TO APPLY FOR JUDICIAL

REVIEW - WHETHER COURT HAS POWER - RULES 11.16 (I), (2), (3), 11.18 (I),

(2), (3), 56.4 (1 2), 56.6 (1) - EXTENSION OF TIME TO APPLY FOR LEAVE FOR

JUDICIAL REVIEW

Application to extend time within which to file defence - Application for permission to enter judgment - Rule 10.5 of the Civil Procedure Rules - Detinue.

Alteration of document by mortgagee execution - Whether alteration material - Test for materiality - Whether borrower discharged from liability - Consequence of alteration.

Claim for assault and battery - Vicarious liability - Whether police officer acting within the course of employment.

Vicarious liability - Whether person employee of company - Independent Contractor - Whether court on mnotion can rise issue of summary judgment at trial.

Application to strike out claim - Breach of Contract - Fixed date claim form - Rules 8.2, 9.6 (1), (2), 10.2, 26.3(1). 26.9(2) (3).

Tort of wrongful appropriation of personalty - Measure of damages for such breach - Breach of contract.