Application to set aside judgment in default – Delay in entering acknowledgement of service – Attorney’s error cause of delay – 2nd Defendant an attorney-at-law-Relevance of want of candour - Agreement for sale- Undischarged mortgage on the property- Vendors mortgage also granted to Claimant who was the purchaser- Purchase price paid by instalments- Claimant put in possession- Instalments paid to 2nd Defendant as vendor’s attorney at law -2nd Defendant disbursed payments to his client the 1st Defendant – Payments were not made to mortgagee who exercised power of sale –The Claimant was legal
Company Law – Application for Interlocutory Injunction – Sections 213A (2) (a), (b) and (c) of the Companies Act – Appointment of directors - Appointment of managing director - Whether power of shareholder owning 100% of the shares is to be restrained - Negotiations ongoing with bond holders-Whether appointments unfair or prejudicial - Whether issue for tria l - Whether damages adequate remedy - Whether just in all the circumstances.
Injunction - Money loaned to 1st Defendant – Caveat lodged against property – Property already subject of sale to Interested Party – Whether sale to be restrained – Whether serious question to be tried - Balance of convenience-Promissory notes unstamped - Whether admissible in evidence - Observations on the practice of attaching exhibits to affidavits by schedule.
Application to relist an application to set aside judgment in default - Four-year delay – Whether delay inexcusable – Whether instructions from client required before applying to relist – Overriding objective of CPR – Whether all circumstances including relative strength of each case to be considered.
Application for summary judgment –Claim by broker for commission on sale of land- Whether defence has real prospect of success- Multi Listing Agreement (MLA)- Whether sale to person “associated or affiliated” to someone with whom broker negotiated - Whether Defendant entered into another “valid, bona fide” MLA- Whether 1st Claimant a party to MLA –Whether Claimants were licensed brokers-Whether triable issues of fact – Attorney swearing affidavit- Whether costs to be allowed –Observations on the use of exhibit schedules.
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.
In Admiralty - Application to strike out claim - Claim for payment for bunker fuel- Whether claim in rem – Whether supply of fuel gives rise to a lien on the vessel- Whether contract with ship owners - Counterclaim for wrongful arrest – Whether summary judgment to be entered on counterclaim.
Recovery of possession – Fixed date claim – Application to strike out claim – Whether reasonable grounds for bringing claim disclosed - Commercial tenancy - Two notices to quit, one for one year the other 45 days - Premises required to be sold - Whether that is use for a business or professional purpose - Whether section 25 requirements of the Rent Restriction Act satisfied.
Application to vary or stay Order - Judgment delivered in December 2019 - Injunction of mortgagee with Marbella condition imposed - Whether Covid 19 pandemic a reason to vary or stay - Whether improper conduct of mortgagee a reason - Marbella principles - Whether conduct subsequent to date of order material.
