Settlement Agreement – Consent Order – Agreed expert required to do several valuations - Whether valuations can be set aside - Whether new expert to be appointed - Whether fraud or collusion alleged or proved - Whether failure to follow material instructions alleged or proved - Whether error or negligence a sufficient basis to set aside valuation unilaterally - Admissibility of expert evidence- Rules 32.12 and 32.13 (2) (a) – Whether an expert’s failure to comply with procedural requirements necessarily renders reports inadmissible in evidence.
Admiralty Claims – Arbitration pending – Applications to Stay Proceedings –
Section 11 Arbitration Act – Whether Court has an inherent power to stay – Vessel
arrested – Security provided for release – Whether security is to be released.
Admiralty- Application to Strike out Claim – Application to release vessel from arrest – Claim for negligence and breach of contract- demurrage, loss of future profits and arbitration costs – Whether Claims in Rem – Assessment of security for claim
Contempt of Court – Breach of order to return items - Party in breach acting on
advice of attorney-at-law - Whether a defence - Whether a mitigating factor - Purpose
of sanction for “civil” contempt - Appropriate fine - Observations on applicability of
authorities from other jurisdictions.
Civil Procedure - CPR 64.6 - Renewed application for leave to apply for order of certiorari to quash criminal proceedings refused - Previous decisions of the court indicating similar applications inappropriate - Whether renewed application an abuse of process - Whether wasted costs order to be made against counsel.
Injunction – Agreement to construct and operate nursery school - Termination of agreement - Whether compensation payable - Whether Defendant entitled to possession - Whether agreement provides for Arbitration - Whether real prospect of success in claim to have arbitrator appointed - Whether damages an adequate remedy - Balance of convenience
Insolvency - Receivership – Receiver appointed under Debenture- Application for injunction to prevent Receiver exercising power of sale - Whether serious issue to be tried- Adequacy of damages - Balance of convenience – Section 79 Insolvency Act and section 46(2) Security Interest in Personal Property Act - Whether Receiver acted in good faith - Whether best price reasonably obtainable - Whether court has jurisdiction to make supervisory order in relation to the power of sale.
Insolvency – Notice of Intent to file Proposal – Whether automatic stay continues after death of proposer – Previous unfulfilled promises to pay – Whether court should lift automatic stay – Sections 4 (1) and 5 (1) Insolvency Act – Whether registration on title of forfeiture order is void because it occurred after filing and service of a Notice of Intent to file Proposal
Building Contract - Whether time for completion breached - Whether building
constructed in accordance with agreed plans - Whether agreed price for
construction paid - Whether contract varied to increase price and extend time.
Constitutional relief – Costs – Whether there should be an Order for costs in
Claimant’s favour- Whether no costs should be ordered due to the exceptional
public interest and import of the claim – Whether costs should be on a full
indemnity basis – Whether certificate for four counsel to be granted.
