Live Stream for Calling to the Inner Bar, May 16, 2022, 9:00 AM

 

 

NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



Master Mrs. Natalie Hart-Hines

Watson, Berisford v Brown, Judith

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form – Rule 8.15(2) of the Civil Procedure Rules.

Higgins, Marlan (Executor of Estate of Egbert Higgins) v Johnson, Geoffrey (Sued as Junior Johnson)

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Claim commenced by way of fixed date claim form – No proof of service of fixed date claim form – Claim form and particulars of claim subsequently filed with the same claim reference number and served – Application to convert proceedings to claim form filed but not determined – Application to enter judgment in default filed and heard – Whether default judgment entered in respect of claim form is irregular – Whether good explanation provided for the failure to file a defence – Whet

Barnaby-Stoddart, Kerry-Ann v Barker, Renville and Williams, Eric

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules.
Civil procedure – Whether rule 6.8 applies to the claim form – Whether it would be appropriate to dispense with the service of the claim form.

Fagan, Frederick v Perry, Kenneth

Civil procedure – Application for summary judgment – Rule 15.2 of the Civil Procedure Rules.
Civil Procedure – Amendment of statement of case before Case Management Conference – Application to strike out statement of case – Rule 26.3(1) of the Civil Procedure Rules – Whether additional claims amount to new causes of action – Whether additional claims are statute barred.

Hughes, Alicia v PAJ Imports Limited

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Irregularly obtained default judgment – Application to set aside default judgment pursuant to rule 13.3 – Tests to be applied.
Civil procedure – Whether the court’s power to dispense with the service of a document in rule 6.8 applies to the claim form.

Hay, Manfas v Thompson, Clover and Prendergast, Jonathon

Claim for recovery of possession and for damages for trespass – Proceedings brought by fixed date claim Form – Defence of adverse possession – Procedural objection – Whether proceedings ought to have been commenced by means of claim form – Whether conversion of proceedings appropriate.

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