Application for ex parte injunctive relief - Whether hearing held ex parte or inter partes – Property dispute – Registered title – Circumstances in which injunctive relief granted on inter partes hearing may be discharged – Effect of sections 68, 70, 71 and 162 of Registration of Titles Act – Indefeasibility of Title.
Application for order requiring 1st defendant to provide information previously requested – Whether such an order should be made – Whether such an order is necessary in order to dispose fairly of the claim or to save costs - Application for order requiring the claimant to give security for costs – Interests of justice – Other pertinent considerations – Averments as to claimant ordinarily residing out of this jurisdiction – Averments as to claimant not being known to the 1st defendant’s attorney as having assets within this jurisdiction – Weight of some of the averments made – Whether applic
Claim for marital property – Adverse possession – Owners of property own same as tenants-in-common – Whether claimant had possessed property in circumstances excluding the defendant from possession – Presumption of possession in favour of both title holders – Application for an extension of time under Property (Rights of Spouses) Act – Factors to be considered by court upon application for an extension of time to apply to court for division of property.
Judicial review – Reviewing the hearing process of an inferior tribunal – Duty to act fairly – What is fairness – Nature of duty to particularize grounds of claim – Certiorari – Legitimate expectation – Natural justice.
Judgment entered in default of acknowledgement of service – Application to set aside default judgment – Whether application to set aside default judgment was filed as soon as was reasonably practicable – Failure of defendant to challenge ex parte order for service out of the jurisdiction – Mere exhibiting of draft defence and reference to the contents thereof by an attorney, is inadequate – Disputed facts.
Unless order - Striking out of defendant's statement of case - Whether defendants whose case has been struck out can participate in assessment of damages hearing - To whom extent can the defendants whose case has been struck out participate in an assessment of damages hearing - Fundamental rights of defendant - Proportionality of restriction on defendant's rights to objective of striking out the defendant's statement of case.
Application to set aside default judgment - Whether or not default judgment was regularly obtained - Whether applicant can plead inconsistent alternative grounds in support of application - Whether to serve accompanying documents along with the claim form and particulars of claim renders the claims a nullity - How to properly dispute the Court's jurisdiction to try the claim.
Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken
Trial - Family law - Division of propert post separation - Equity - Inapplicability of Property (Rights of Spouses) Act - Presumption arising from having name on title - Alleged pooling of parties' funds - No evidence of childrens' dates of birth - Insufficient evidence of the parties as to maintenance of children - Burden of proof - Whether Limitation of Actions Act is applicable.
