2010

Application to strike out claim - Breach of Contract - Fixed date claim form - Rules 8.2, 9.6 (1), (2), 10.2, 26.3(1). 26.9(2) (3).

Employer and employee - Crush injury involving locomotive - Employers common law duty of care - Contributory negligence - Safe system of work - Duty to provide protective equipment.

Whether interim injunction granted ex parte should be extended - Whether material non-disclosure - Whether serious issue to be tried - Discretion of court to grant new injunction or vary one previously given.

Claim for assault and battery - Malicious Prosecution - Complaint made to police constable - Defendant constable also responsible for function out of which complaint arose - Whether inference of malice 'collateral purpose' may be drawn.

Tort of wrongful appropriation of personalty - Measure of damages for such breach - Breach of contract.

Registration of Titles Act S. 143 - Assessment of damages - Whether losses claimed were caused by the unreasonable lodgment of a caveat