The Hon. Mr. Justice David Fraser

Extensive delay satisfactorily explained – Erroneous information highly persuasive in grant of Order for substituted service – No full and frank disclosure of material facts – What constitutes reasonable efforts by an insurer to locate defendant varies – Each case turns on its peculiar facts – Court should be satisfied that contents of statement of case has come to defendant’s attention before Order can be made – Order should be set aside where reasonable efforts to locate defendant have failed – Reasonable efforts must not be so onerous as to be unrealistic to achieve – Steps taken display

Rule 21.(1) & (2) of the CPR; basis on which actions may be brought or defended in a representative capacity – Rules 26.3(1)(C) and 15.2 of the CPR; principles applicable to the striking out of, or the granting of summary judgment in a claim – Application of s.46 of both the Trustee Act and Limitation of Actions Act where limitation defence raised – Private contract incapable of changing the statutory limitation period –To obtain redress for alleged breach of contractual or fiduciary duty necessary to prove existence of duty, breach of that duty and consequential loss flowing from that

Judge has jurisdiction to set aside a default cost certificate for good reason - Inherent jurisdiction of court to control its process not impacted by amendments to CPR – Interpretation of definition of “clear days” in rule 3.2(3) of the CPR – Event refers to something that is scheduled to occur on a specified day and on that day only – Where the end of the period stipulated is defined by reference to an event the final day is excluded – Calculation of time period allowed for filing of points of dispute pursuant to rule 65.20(3) of the CPR – Filing of points of dispute not an event hence fi

Claim for judicial review — Whether Contractor-General acted ultra vires Contractor General’s Act in seeking to investigate sale of land — Whether Requisition empowered Contractor-General to investigate prior agreements for the supply of goods and services, disputes in relation thereto and their resolution which led to the sale of land — Effect of non/late disclosure in judicial review proceedings.

Administrative Law – Constitutional relief – Judicial review – Principles on which costs should be awarded.

Breach of statutory duty – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Breach of common law duty to drive with reasonable care – Failure to keep a proper look out – Negligence – Breach of duty of care – Damage foreseeable – Special damages to be both pleaded and strictly proved

Court’s power to strike out a statement of case – Rule 26.3(1) of the CPR – Claim struck out – no reasonable grounds for bringing claim disclosed – an abuse of the process of the court – failure to comply with rule – Claimant has no real prospect of successfully prosecuting the claim

Sale of Land – Verbal agreement for sale of land - Whether valid agreement for sale – Whether elements of a valid tenancy agreement as part of sale agreement - Whether sufficient acts of part performance by party – Equitable remedy of specific performance – Circumstances where previous order may be varied or revoked

Motor vehicle accident involving two separate collisions – Statutory and common law duty of care owed by each driver to other users of the road – Whether one or more that one driver liable for accident – Whether any contributory negligence arises

Burden of proof on claimant to establish that vehicle and driver involved in accident correctly identified and that correct party is before the court based on the principles of vicarious liability and the separate legal personality of a company. Importance of statement being in compliance with rule 29. 4 (2) of the Civil procedure Rules when a witness is illiterate