The Hon. Mr. Justice Dale Palmer

Constitutional Law - Charter of Fundamental Rights and Freedoms - Section 16 - - Right to due process - Prohibition against retrospective application of more severe penalties.
Whether fixed penalty imposed by null and void ministerial order and upon fixed penalty notice issued pursuant to section 116 of the Road Traffic Act 1938 in excess of fixed penalty prescribed by the Act constitutes a breach of the right to due process enshrined in section 16(11) of the Charter of Fundamental Rights and Freedoms.

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

Easement of Necessity – Intended Easement – Property sub-divided leaving one of two lots landlocked – Use of a common area.

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eventually signing but question arising as to whether the agreement is binding – Neither party indicating that they had withdrawn from the agreement – Both parties seeming to act as if there was no longer an agreement – Cost awarded against successful party to the application due to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