Contract-Lease unsigned by landlord - Deposit, rent and, half costs paid by tenant - Whether lease enforceable against landlord – Evidence - Counter notice under Evidence Act not served - Whether documents admissible - Observations on the hearsay rule in civil proceedings.
Civil procedure - Application to strike out claim - Whether second action an abuse of process - Whether same issue being relitigated - Whether second action amounts to harassment.
Civil procedure - Application to strike out - Whether abuse of process - Whether basis for section 213A claim under Companies Act - Whether settlement agreement between all directors and shareholders a bar to proceeding - Whether prolix pleadings - Whether omission of certificate of truth renders claim null and void - Whether delay a bar to the application - Whether consent order make it unjust to strike out claim.
Evidence – Civil Practice – Application to strike out portions of Witness Statements– Hearsay Rules – Whether any relevant exceptions – Relevance-Role of statement of case - Whether condition for service of Notice of Intention to Rely satisfied by service of witness statement.
Application for Interlocutory Injunction – Alleged copyright infringement-Whether distribution agreement lawfully terminated - Whether damages an adequate remedy - Whether balance of convenience favours the grant rather than the refusal of an interlocutory injunction.
Proceeds of Crime Act - Customer Information Order - Whether reasonable grounds to suspect offence has been, is being, or is about to be committed - Applicable test.
Application for summary judgment - Registered land – Registered easement (road reservation) - Limitation of Actions Act - Possessory title - Whether right to road reservation extinguished.
Interlocutory injunction – Search, preservation and production order - Whether strong prima facie case required - Whether jurisdiction to prevent a libel at the interlocutory stage- Whether privilege against self-incrimination applicable – Observations on the origin of jurisdiction to grant injunctions – Costs – Whether to be apportioned – Whether certificate for two counsel to be granted.
Contract for services - Whether once signed a party is bound by its terms - Whether termination clause inserted after it was signed - Whether Non est factum applies-Whether contract lawfully terminated – Practice – Whether bundle of documents “not agreed” should be filed.
Insolvency - Proposal made to secured creditors only – Whether meeting of creditors to consider proposal properly constituted – Whether unsecured creditors have a right to vote –Insolvency Act – Sections 5, 7,15,18,19,22 and 38-Observations on role of the Supervisor of Insolvency - Preliminary point- Whether party who files written submission out of time, and in breach of an order of the court, ought to be permitted to make submissions.
