Bennett, Marcia v Todd, Panton Alexander
Civil Procedure — Relief from sanctions — Application in respect of List of Documents and Witness Statement filed out of time — Application filed five and a half months after noncompliance brought to counsel’s attention by the trial judge — List of Documents omitted from first application and added only on amendment — Whether application made promptly under rule 26.8(1)(a) — Pattern of repeated non-compliance with case management orders — Whether good explanation for default — Whether general compliance with other rules and orders — Unless order in force — Importance of Listing Questionnair
Allen, Headley and Doretha Authiloney Allen et al v Allen, Headley Jnr
Civil Procedure Rules, 2002 - Application to extend time to file defence - Whether delay inordinate - Whether good reason for delay - Whether defence has any real prospect of success - Fraud - registered title.
Spence, Michael (Administrator of Estate Dorothy Spence) v Forbes, Olive Maud
Application to revoke order previously made using CPR rule 26.1(7) – Application for leave to appeal – Whether declaratory reliefs may be granted on an ex parte application for default judgment – Whether prerequisites of CPR rule 12.10(4) and (5) were satisfied – Whether absence of reasons for decision is a basis for granting leave to appeal.
Johnson, Roy Burn v Stonner, Marie Angeline and zela Jahari
Civil Procedure Rules, 2002 - Application to extend time to file defence - Whether delay inordinate - Whether good reason for delay - Whether defence has any real prospect of success - Fraud - Registered title.