The Hon. Mr. Justice Evan Brown

Negligence - Duty of care - Causal connection between damage and breach of duty
– Res ipsa loquitur - Occupier’s Liability Act.

Land law - Recovery of possession – Adverse possession – Whether claim filed after expiry of limitation period – When does right to bring claim accrue – Whether claimants dispossessed defendant – Whether defendant in legal possession of property - Limitation of Actions Act ss. 3 and 30. Registration of Titles Act ss. 68 and 88.

Judicial Review - Engagement and dismissal of crown servants - Public Service Commission - Public Service Regulations - Staff Orders

Division of [matrimonial property] - Family home – Whether property falls within the definition of the family home – Other property – Whether court can treat with claim as if made for division of property other than the family home – Relevant considerations. Property (Right of Spouses) Act sections 2,13 and 14.

Tort - Malicious prosecution -Whether claimant proved damage - Claimant identified while in holding area - Whether reasonable and probable cause to prosecute - False imprisonmnet - Whether initial arrest lawful - Claimant taken before court several days after being charged - Whether detention unduly long and unexplained - Assault - Claimant not cross-examined - Effect of failure to cross-examine.

Adverse possession – Whether defendant’s title to part of her land was extinguished – Whether there were sufficient unequivocal acts of ownership by the claimant – Registration of Titles Act.

Malicious prosecution - Operating a motor vehicle without a road licence - Whether reasonable and probable cause – Detinue - Motor vehicle impounded up to trial of claim - Vehicle ordered released by Resident Magistrate - Written demand for release of motor vehicle after dismissal of case.

Family Law - Division of property – Equal share rule- Family home acquired before marriage - Other matrimonial property - Division of properties registered post separation - Entitlement to company shares. Property (Rights of Spouses) Act S. 6 (1) (a), 7 (1), 10, 14 (4) & 15.

Judicial Review - Application for order of certiorari - Whether Industrial DisputesTribunal erred in ordering re-instatement of dismissed worker - Natural justice - Whether disciplinary procedure adopted by employer was fair.

Damages - Appropriate award for injuries sustained – Claimant sustained injuries to his cervical spine and lumbar spine resulting from a motor vehicular accident – Pre-existing injury to lumbar spine