Contract – Maintenance of Common Areas to joint property not falling under the Registration (Strata Titles) Act – Reimbursement for sums expended – whether a legal obligation to pay maintenance exists.
Negligence – Motor vehicle collision – Liability of parties – Credibility of Witnesses – Assessment of Damages
Preliminary issue – Application for relief from sanctions refused to allow witness statements to stand – Application at trial for Court to exercise discretion under Rule 29.11 of the Civil Procedure Rules (CPR) to allow witnesses to give evidence – Whether the Court has discretion to allow evidence where application for relief from sanctions is refused under Rule 29.11.
Fraud – Allegation of forged signature on transfer document – Handwriting expert evidence – Registration of Titles Act sections 68, 70, 71 and 161 – Indefeasibility of registered title
Settlement Agreement – whether agreement binding – parties agreeing to terms of settlement – Defendant signing Settlement agreement but Claimants not signing due to subsequent conduct of the Defendant – Claimants eventually signing but question arising as to whether the agreement is binding – Neither party indicating that they had withdrawn from the agreement – Both parties seeming to act as if there was no longer an agreement – Cost awarded against successful party to the application due to conduct resulting in waste of Court time and unnecessary cost
Application for injunction – Whether serious issue to be tried and damages an adequate remedy – Validity of Notices to Quit served – Expired lease with holding over Clause for premises exempt under the Rent Restriction Act – Whether a Landlord had a right after determination of a tenancy for exempted premises can use self-help to retake possession of rental premises.
Validity of a Will – Whether the testator was unduly influenced to execute his final Will – Whether the testator requested the requisite testamentary capacity at time he prepared his Will
Registration of Titles Act sections 68, 70 and 71 – Whether the Claimants are bona fide purchasers for value without notice of fraud – Whether the Claimants acted in bad faith in failing to investigate prior transfers and adverse acquisition noted on registered title – Restrictive covenant requiring Claimants to apply for building approval through the 1st Defendants – Whether the 1st Defendant can refuse to process the Claimants’ application because of the 2nd Defendant’s allegation that its title was cancelled on a fraudulent application for adverse possession – Adverse possessor sold the
Assessment of Damages – Extradition order made pursuant to the Extradition Act
1870 – Claimant’s Writ of Habeas corpus application dismissed by the Full Court –
Claimant filed notice of intention to appeal to the Privy Council – No such right of
Application for claims to be heard on same occasion or before same Judge – Civil Procedure Rules, 2002 (“CPR”) Rule 26.1 (h) – Whether claims could conveniently be tried together – Similar issues of fact and law between claims.
