The Hon. Mr. Justice David Batts

Negligence - Motor vehicle accident – Defendant denied his vehicle involved – Licence number recorded in mobile telephone – Telephone not produced - Police investigation – Burden of proof - Damages – Wwhiplash injury.

Arbitration- Margin agreements – Arbitration clause – Application to appoint arbitrator - Whether claim statute barred – Whether issue for court and not arbitrator to determine – Whether jurisdictional issue – Arbitration Act.

Negligence – Motor vehicle collision – Light controlled intersection – Defendant making right turn across highway – Amber light – Meaning – Road Traffic Regulations – Evidence – Admissibility of result of a criminal trial – Contributory negligence – Damages – Fractured legs – Re-fracture – Whether second injury remote – Domestic help paid for by another – Whether recoverable by Claimant – Mitigation – Whether defendant to plead – Ancillary Claim – Whether injuries to be particularised.

Applications to set aside Default Judgments and Judgments on Admission - Defendant unrepresented when admission filed - Guarantee – Whether set off possible of a pending claim - Whether notice to guarantor served-Whether interest clause a penalty - Whether defence has real prospect of success.

Negligence- Motor vehicle collision- 1st Defendant exiting premises – 2nd and 3rd Defendant overtaking a line of vehicles with flasher and siren on - Claimants passengers - Liability- Contributary Negligence – Damages.

Land – Claimant transferred his share to others – Purpose of transfer was so that creditors could not go after family home – Whether Claimant still has beneficial interest in the property.

Contract – Whether Defendant negligently supplied poured and finished concrete surface- Whether pour was done against defendant’s advice- Whether Claimant to blame for condition of pour- Evidence – Witness unable to read – Witness statement was not read over to him before it was signed - Whether witness to be allowed to give oral evidence in chief.

Land – Owners hold as tenants in common – 2nd Defendant is part owner in possession who made improvements – Property sold - Whether proceeds of sale to be divided in accordance with an agreement between the co-owners - Whether claim barred by Limitation of Actions Act - Whether one co-owner’s investment in the land bars recovery of equal share by the other co-owners.

Negligence – Motor vehicle accident – Vicarious liability – Whether 1st Defendant’s actions within the course of employment – Car keys handed to 1st Defendant by 2nd Defendant - Frolic- Whether 2nd Defendant liable – Damages - Whiplash.

Forfeiture of Assets – Application for Interim Order – Claim filed twice with same number - Whether service of second filed claim valid - Affidavit pre-dates claim and application which were served - Whether valid - Delay in making application - Application inter partes - Whether honest belief reasonably held that Defendants likely to dissipate assets - Whether evidence in support of application sufficient - Whether Act has retroactive effect.