Judicial Review – Application for leave to apply for Judicial Review – Whether theStrata Appeals Tribunal’s conclusion was sound – Whether criteria under CPR 56 has been met – Whether there is an arguable case for judicial review.
Application to modify restrictive covenant - Whether modification injures the persons entitled to the benefit of the restriction - Whether modification changes the character of the neighbourhood - Whether the existence of the covenant impedes reasonable use of the land.
Application to modify restrictive covenant - Whether modification injures the persons entitled to the benefit of the restriction - Whether modification changes
the character of the neighbourhood - Whether the existence of the covenant impedes reasonable use of the land.
Civil Procedure - Application to set aside default judgment - Rules 13.2 - Rule 13.3 Civil Procedure Rules (CPR) 2002 as Amended 2006 - Test to be applied - Real prospect of success - Whether judgement should be set aside as of right - Overriding objective.
Matrimonial Property- Property Rights of Spouses Act ss 2, 6, 7, 9,13,14 - Entitlement to family Home - The Equal Share Rule - Whether application of the Rule Unjust - Burden of proof - One party acquiring land on which family home is built before the relationship or marriage - whether section 7 (PROSA) factor exists to rebut the equal share rule.
Maintenance - Application to vary consent order for maintenance of child by mother - Mother and child migrated since the consent order - Maintenance Act sections 8, 9 and 14 - Application by father to vary visitation and access - Children (Guardianship and Custody) Act.
Judicial review - Whether conditions of permission have been adhered to – jurisdiction - whether failure to adhere to conditions fatal - CPR Rules 2.2, 3.2 (3), 9.6, 26.3(1)(a), 56.4(12),56.9(2),(4)&(5).
