Sentencing - Murder - Applicant a juvenile at time of commission of offence - Detention at the courts's pleasure - Application for review of sentence - Application for release - Whether applicant should be released - Factore to be taken into account - The Civil Procedure Rules (2002) (CPR) Part 75 - The Juveniles Act S. 29(1) repealed - The Parole Aact S. 7(7).

Contract - arbitration clause in contract - claim for breach of Interconnection

Agreement - application for stay of proceedirzgs and for. submission to arbitration -

principles governing application for stay - wlzetlz er conditions satisfied .for grant of

stay' - modern approach of tlze court to alternate dispute rcsolution - effect of CPR on

proceedings - Arbitration Act, ss. 5&20.

Property Dispute -parti+ unmarried - claim for half-interest on basis of the "equal share rule "-

whether a common law r'elationship existed between the parties- whether claimant a "spouse" for

the purposes of the rule +factors to be considered - whether property is the 'tfamily home "- The

Property (Rights of Spouges) Act, ss 2(1), 6(1) & 13

Land Dispute- registered land- application to bring land under the Registration of Titles

Act- allegation of fraud- meaning offiaud under the Registration of Titles Act -whether

title obtained by fraud- standard of proof required -whether title to be cancelled on

grounds of fraud- The Registration of Titles Act, ss. 42,68,70,161 (d), 153 &I58

Request for adjournment- considerations for grant of an adjournment- no good reason

shown - Civil Procedure Rules (CPR), r.39.7

Application for interim injunction - Restraining mortgagee from exercising power of sale - Challenge to legality of assignment of mortgage debt - Whether agreement vitiated by duress - Whether third party rights likely to be affected by exercise of power of sale - Factors tobe considered - Injunction refused.

Matrimonial Property - Claim for 50% share in dwelling-house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property (Rights of Spouses) Act applicable – Which section of the Act applicable or not or whether the rules of common law and equity apply - House built by spouses on family land - Whether
house is not family home because it is built on family land - Whether application of equal share rule ousted by absence of legal title in land on which house is built - the Property (Rights of Spouses) Act, ss 2, 4, 6, 11,

Defamation - Libel - Publication on radio and internet - Ruling on preliminary uissue - Whether words capable of defamatory meaning alleged in claimabts' statement of case - Civil Procedure Rules (CPR, (CPR), 2002, R. 69.4.

Admiralty - Accident occurring in maritime protected area - Alleged damage to reef - Arrest of vessel - Application for release of vessel from arrest - Discretion of court to order release – Considerations in the exercise of discretion - Conditions to be satisfied to obtain release – Appropriate form of security – sufficiency of security - CPR 70.11 (4)

Default Judgment – Application to set aside judgment entered in default of defence – Prescribed notes to the defendant and form of defence not served with claim form – Acknowledgment of service filed with notice of intention to defend – No defence filed –
Whether defendant submitted to jurisdiction of the Court – Whether waiver of irregularity in service of claim – Whether default judgment irregularly or regularly obtained - Conditions to be satisfied for setting aside default judgment – CPR, 8.16(1); 9.6; 12. 5; 13.2 (1) (b); 13.3; 26.9; 30.3

Civil Procedure - Application for summary judgment - Whether claim res judicata - Application of res judicata to default judgments - Cause of action estoppel - Issue estoppel - Henderson v Henderson estoppel - Abuse of process – The Civil Procedure Rules (CPR) r. 15.2 (a).