The Hon. Mr. Justice Evan Brown

Breach of contract – Building contract- Abandonment of construction of house – Implied condition of cooperation- Measure of damages

Breach of contract – Building contract – Contract varied before construction – Payments made in advance to builder whether deposit should be refunded.

Breach of contract – Building contract – Contract varied before construction – Payments made in advance to builder whether deposit should be refunded.

Negligence – Motor vehicle accident – Both vehicles being driven on same side of dual carriageway – Claimant’s vehicle stuck at the rear – Assessment of damages.

Negligence – Motor vehicle accident – Motor car pulling into the path of an overtaking vehicle – Incidence of liability – Whether each driver solely or jointly negligent.

Mortgage – Whether subsequent mortgagee is a mortgagee in possession – Whether the proposed exercise of a prior mortgagee’s power of sale must take into account the interests of the second mortgagee – Whether the prior mortgagee is a trustee for the subsequent mortgagee.

Trusts – Constructive trust – Claimant sharing forty-two year relationship with legal owner – Whether claimant and legal owner set up home together – Whether common intention to share beneficial interest - Legal owner transferring property by way of gift.

Malicious prosecution – Claimant charged with failing to leave the airport – Information withdrawn - False imprisonment – claimant in custody for five and a half hours – Assault – Whether accosting amounts to an assault – Loss of earnings – Unlawful user.

Contract - Pavement contract – Contract price discounted – Whether withdrawal of discount allowed by custom – Misrepresentation of the area paved – Whether project completed in a satisfactory manner – Award of interest – No claim made for interest - Law Reform (Miscellaneous Provisions) Act.

Negligence – claimant shot during operations by the security forces – claimant blind in both eyes – Assessment of damages – Loss of marriage prospects – Award of interest – Exercise of the court’s discretion under the Law Reform (Miscellaneous Provisions) Act.