The Hon. Mr. Justice David Batts

Constitutional Law - Customs Act - Whether Customs user fee a tax - Whether Minister acted ultra vires the statute - Whether wrongful deprivation of the property - Restitution - Passing on defence - Delay - National interest - Whether Defences to the claim

Insurance – Misstatement of occupation in Proposal

Form – Whether Policy Term effective without notice to

insured – Whether insurer entitled to repudiate policy –

duty of Insurance Broker.

Negligence – Motor Vehicle Collision – Whether Defendant entered major road
from minor road – physical evidence – Whether appropriate to plead absence of
Insurance in a claim for negligence.

Contract – Sale of Land – Specific Performance – Whether contract enforceable – whether occupation prior to completion unlawful – whether contract valid

Building contract - Liquidated damages clause - Whether delay in payment is to be calculated with reference to the date the money ought to have been paid or with reference to the date of actual payment.

Employment - Judicial review - Internal enquiry - Whether natural justice applies - Whether remedy of judicial review available

Property dispute - Several properties - Family home - Whether claimant entitled to an interest - Whether property adjustment and maintenance relevant.

Sean Kinghorn instructed by Messrs. Kinghorn & Kinghorn for the Claimant

Maurice Manning, Camille Wignall and Michelle Reid instructed by Nunes Scholefield Deleon & Co. for Defendant

Ancillary claim - Whether liability to indemnify flows from summary judgment decision - Negligence causation - Whether express consent necessary for defence - Whether ancillary claim proved on balance of probabilities.

Assessment of damages - Gunshot injury - Right hand - 52% whole person impairment - Prosthesis - Whether award for pain and suffering to be reduced.