Master Miss Carla Thomas

Civil Procedure - Rule 15.2 - application for summary judgment - Whether the claimant has a real prospect of succeeding in the claim – Conflicts of fact – Whether case appropriate for grant of summary judgment

Civil Procedure - Rule 13.3 - application to set aside default judgment; application for extension of time to file defence – prospects of success

Civil Procedure – Rule 15.2 – Application for summary judgment – Whether there is a real prospect of successfully bringing or defending the claim – Real property law – Unpaid purchase price – Whether vendor’s lien created – Whether vendor’s lien abandoned – Whether there was a variation of the agreement for sale – Limitation of Actions Act – Whether the claim for unpaid balance of purchase price is statute- barred – Company law – Whether settlement agreement signed by one director is binding on the company

Civil Procedure – Rule 15.2 – application for summary judgment – whether the defendant has a real prospect of successfully defending the claim – Real property – fraud – whether the defence has established a prima facie case of fraud to defeat title of registered proprietor

Civil Procedure – Part 20 of the Civil Procedure Rules – Application for amendment of claim – Expiry of limitation period – Whether amendment should be granted – Application to add special damages – Whether affixing documents to the particulars of claim amount to pleading items of special damages

Civil Procedure Rules – Setting aside judgment given in party’s absence –
whether the applicable rule is rule 39.6 or rule 13.2 – Rule 39.6 - Whether good
reason given for absence of defendant – Whether some other order would have
been made if the defendant had been present.

Civil Procedure - Rule 15.2 - application for summary judgment - whether the
defendant has no real prospect of succeeding in the claim – rule 15.4(4) whether
summary judgment may be entered on the issues - whether a failure to satisfy rule
15.5(4) of the CPR is fatal to obtaining judgment on the issues – whether judgment
on the counterclaim in favour of the claimant should be entered

Civil Procedure – Rule 15.2 of Civil Procedure Rules - Summary judgment - Whether the defendant has real prospect of success - Rule 26.3(1) of the Civil Procedure Rules - Whether the defendant’s case should be struck out.

Civil Procedure - Rule 26.8 of the Civil Procedure Rules - Application for relief from sanctions - Whether the defendant’s application for relief from sanctions ought to be granted - Whether the application was made promptly

Civil Procedure - Rule 11.16 of the Civil Procedure Rules - Application by insurance company to set aside service pursuant to order made under rule 5.14 of the Civil Procedure Rules - Whether service on an insurer would allow the defendant to ascertain the contents of the documents - Whether the insurer took reasonable steps to locate and effect service on the defendant.