Default Judgment - Setting aside default judgment - Requirements for setting aside default judgment - Credibility of witnesses - Civil Procedure Rule 13.2 and 13.3 - Whether judgement should be set aside as of right.
Negligence - Employer’s liability - Occupiers Liability - Duty of care - Whether Employer provided a Safe system of work - Whether defendant liable for claimant’s medical diagnosis - Occupier’s liability - Whether premises were reasonably safe for the purpose for which the claimant was permitted to be there - Breach of contract - Whether the defendant provided adequate plant and equipment necessary for the safety of the claimant.
Real Property - Application for entitlement to property - Property Rights of Spouses Act - Whether property is the family home for the purposes of the act - What is the proper trigger for an application under the Act - Whether preconditions for application have been satisfied - Limitation of Actions Act sections 3, 14 and 30 - Whether co-owner has been dispossessed.
Assessment of Damages - Personal Injury- Firefighter injured on the job - Handicap on the labour market - Method of quantification of damages - Permanent partial disability - Issue as to quantum of damages
Family Law - Division of matrimonial property - Whether property bought before marriage is matrimonial property - Whether section 13 and 14 of PROSA are relevant - Whether application under PROSA is within time - Whether husband entitled to rent for use of property.
Insurance - Motor vehicle policy - Whether claimant entitled to avoid policy-Whether vehicle under the care and control of the insured - Proposal form - Whether there was material misrepresentation or non disclosure.
Application for Injunction - Criteria for grant - Judicature (Supreme Court) Act section 49(c) - Civil Procedure Rule 17 - Interim remedies-Property in the process of being purchased-Balance of Convenience - Factors to be taken into account.
Real property - Agreement to put claimant in possession - Conduct of the parties in relation to the property - Common intention - Whether animus possidendi present - Whether title holder has maintained beneficial interest - Limitations of Actions Act ss 3 and 30.
Will - Grant of Letters of Administration - Declaration sought for revocation of Grant - Effect of misrepresentation in application for Grant of Administration – Lost title application – Effect of misrepresentation in application
Assessment of Damages - Malicious Prosecution - False Imprisonment - Aggravated damages - Exemplary damages - Seized vehicle never returned - Detinue and conversion - Whether claimant entitled to damages for aggravated and exemplary damages.
