The Hon. Mr. Justice Kirk Anderson

Application to strike out claim – Failure of 2nd claimant to attend mediation – Importance of setting out grounds of application in written applications for court orders – Failure to set out any or any sufficient particulars of claim in statement of case – Striking out of a party’s statement of case only to be used by court as a means of last resort.

Application to strike out defendant’s statement of case - Defence allegedly disclosing no reasonable grounds for defending the claim  - Non-compliance with court order- Failure to attend mediation - Rules 74.9(1) and 74.14(6) of Civil Procedure Rules (C.P.R.) –

Oral application for extension of time - Failure to lead affidavit evidence when making application to extend time – Opposition to application to extend time – Relevant factors to be considered when extending time to file defence – Overriding objective – What is just in the circumstances.

Application for declaration of entire interest in family home - Section 6 and 7 of PROSA - Statutoryequal share rule -  Variation of statutory equal share rule - Section 7 factors - Monetary contribution not a section 7 factor - Whether maintenance of children can be a section 7 factor - duration of marriage - Undefended claim - Burden of proof regarding displacement of presumption that parties are entitled to equal share of the family home -  Post - Separation financial contributions.

Maintenance of spouse – Application for interim maintenance order to be cancelled – Applicant unemployed and earning power limited – Exercise of discretion of court – Application for relief from sanctions

Claim for damages for negligence/employer’s liability – Attack on armed police officer at a police station by member of the public who was a visitor to the police station compound – Duty of care owed by occupier of police station compound to person working within that compound – Duty of care owed by government to persons working on and visiting that compound – Res Ipsa Loquitur – failure of defendant to do anything other than put claimant to proof of his case – Failure of defendant to lead any evidence or to challenge the claimant’s case in any significant way during cross – Examin

 Defendant’s application for summary judgment – Realistic prospect of success – Plea of Non Est Factum – Carelessness – No independent legal advice – Claimant allegedly semi-literate – Undue influence – Trust and confidence – Abuse of influence – Whether mortgage deed was of a fundamentally different character in terms of payment schedule and interest rate

False imprisonment – Malicious prosecution – Whether claim against crown must be pursued against attorney general only – Defendant entitled to damages for false imprisonment only for the period of time held in custody before having been arraigned/brought before a court – Elements required to be proven in claim for damages for false imprisonment – Elements required to be proven in claim for damages for malicious prosecution – Proof of malice or absence of reasonable and probable cause for prosecution of claimant – Lack of reasonable and probable cause for arrest is not to be equated with lac

Tenancy agreement – Periodic tenancy – Notice to quit – Re – entry by landlord onto leased premises – Failure of tenant to end occupation of leased premises – Claim for damages for breach of contract and damages for lost opportunity – whether there was a breach of contract by the parties – Failure by claimant to comply with terms of lease – Failure by defendant to comply with terms of lease – Proof of special damages

Caution – Testator who suffered from defective eyesight or is blind - Attesting witnesses’ evidence – Burden of proof – Presumption of due execution of will – Need to prove that testator knew and approved of contents of will