The Hon. Mr. Justice Evan Brown

Although the court is notoriously slow to exercise its power to strike out a

statement of case, where the pleaded defence allege the claims to be statute barred,

in the absence of a reply averring an exception to the operation of the statute/ the

court, in giving effect to the overridng objective of the CPR, will be constraimd to

strike out the statement of case.

Tortious damage to property; credibility; assessment of damages; betterment.

When the incredulity of ,the defendants is juxtaposed with the credibility of

. .the claimants, the aphorism, "truth press down is like oil poured in water, it

: rises to the top," comes into sharp focus. The court is constrained not to look

askance at the manifest truth of the claim. Accordingly, the claim is found

proved on a balance of probabilities.

Banker - Customer relationship - Negligence - CPR R. 29 visa a viz evidence on behalf of a bank - Evidence Act part II,- Banking Act fourth schedule.

Application for interlocutory injunction - Statutory  mortgagee seeks to restrain institutional mortgagee - Whether exercise of power of sale should be postpones to the grant of approval by statutory mortgagee - Aqequacy of damages - Delay and acquiescence.

Employer and employee - Crush injury involving locomotive - Employers common law duty of care - Contributory negligence - Safe system of work - Duty to provide protective equipment.

Registration of Titles Act S. 143 - Assessment of damages - Whether losses claimed were caused by the unreasonable lodgment of a caveat

Family law - Beneficial interest in dwelling house –  Common intention of the parties – Whether visiting or common law relationship – Tenant at will.

Judicial review - Private Corporation Licensed to carry out Legislative functions - Whether corporation subject to judicial review - Master and servant - Whether certiorari - available - Disciplinary procedures - Whether applicable irrespective of employment relationship.

DIVISION OF PROPERTY – BENEFICIAL INTEREST – CONSTRUCTIVE TRUST

– COMMON INTENTION – PROPRIETARY ESTOPPEL – UNCONSCIONABLE

CONDUCT