The Hon. Mr. Justice Kirk Anderson

Breach of contract - False imprisonment - Malicious prosecution - Claims for damages for false imprisonment and malicious prosecution instituted against civilian complainant

False imprisonment – Malicious prosecution  – Whether claimant can be held liable as a private individual who neither arrested, imprisoned criminally charged nor directly prosecuted the claimant – Application to strike out claimant's statement of case.

Civil Procedure Rules (CPR) , R. 27.8 (4) – Interpretation – Need for compliance with Case Managment timetables – Importance of attendance of party at Case Management Conference – Exercise of Court's discretion.

Application to set aside default judgment - Pre-eminent consideration is whether affidavit evidence of applicant and disclosed a defence a defence which has a realistic prospect of success

Court's consideration as to whether it should make a striking out order on its own inititative - Distinction between application to strike out on ground that statement of case of defendant discloses no reasonable basis for defendint the claim and an application for summary judgment on ground that defence has no realistic prospect of success - Summary judgment cannot be obtained against the crown - Striking out order only to be made in plain and obvious cases

Judicial review – Application for certiorari and mandamus – Issue of bias – Actual bias – Real likelihood of bias – Presumptive bias – Waiver of bias – Whether magistrate obliged to preside over case in circumstance where bias waived by disputing litigants – Basis upon which exercise of judicial discretion can be successfully challenged in judicial review proceedings

Application for injunctive relief order to be extended in time – Application for injunctive relief order granted ex parte, to be discharged – No power to extend injunctive relief which has been discharged due to lapse of time – Basis for seeking injunctive relief, ex parte.

Application for interim payment - Application for summary judgment - Contested issues of fact between opposing defendants who have counterclaimed against each other - Contested issues of fact between defendants and claimant - Legal principles to be applied.

Whether person, by signing letter purporting to “confirm his agreement” to terms of letter allegedly giving undertaking, is to be considered as having given undertaking - Whether unilateral contract may be effected in such manner - Whether consideration supplied or whether privity of contract established - Whether circumstances of particular relationship may give rise to duty of care - Whether representation of present fact intended to be acted upon and which is acted upon by another party may amount to a warranty and give rise to liability in damages - Expert evidence under the CPR.

Injunction - Proposed extension of freezing injunction earlier granted byCourt in favour of claimants - Application for ex parte disclosure order made by Court to be set - Explanation of what is an exparte hearing - Distinction between ex parte and inter partes hearing - Disclosure order - Application to set aside disclosure order - Definititon of relevant property or assets.