Contract - Agent's failure to pay sums due under contract - Evidence - Whether sufficient evidence of the itegrity of the system whcih is being relied upon to establish debt.
Contract - Contract of employment - Whether period of probation was extended - Whether sufficient notice of termination - Whether there is an implied term of trust and confidence in an employment agreement - Whether breach of such as term can override an express contractual term specifying the appropriate period of notice.
Injunction - Principles to be applied - Applicant registered legal owner – Party against whom injunction is sought is a mortgagee – Payment into court by mortgagor under ‘Marabella principle’ - Exceptions to applicability of the principle
Administrative orders – Whether application for a declaration is subject to the same considerations as an application for judicial review – Whether the purpose to which the declaration will be put is a relevant consideration
Insolvency - Procedure for application for receiving order - Whether previous failure to enforce judgment precludes application for receiving order – Whether stale dated judgment can ground application for receiving order - Whether failure to pay debt to single debtor can establish that debtor has ceased to meet liabilities generally as they become due. Conditions for appointment of Government Trustee - The Insolvency Act, 2014
Mortgage – Whether exercise of statutory power of sale is subject to the Limitation of Actions Act
Evidence – Without prejudice communication – Principles - Whether communication containing clear admission of debt excluded
Witness statement – Whether witness who does not identity her purported witness statement may be permitted to give viva voce evidence
Civil procedure - Consent order - Application to enforce - Whether death of applicant seven months after order a supervening event which undermined or invalidated the basis on which the consent order was entered into Evidence - Determining the underlying assumption or basis on which a consent order was entered into - Whether conduct of respondent in devising property to children by will sufficient evidence to determine the underlying assumption or basis of consent order
Civil Procedure - Application for stay of proceedings - Principles to be applied Mortgage – Whether foreclosure proceedings can be reopened – Whether difference between value of foreclosed property and mortgage debt and/or special value of land to mortgagor sufficient factors.
Mortgage - Foreclosure - Whether notice of foreclosure sent by registered letter
must actually be received by the addressee for the service to be valid
Contract - Formation - Agreement to negotiate - Whether binding contract
Unjust enrichment - Whether proper exercise of right to foreclose can amount to
unjust enrichment