2011

Amendment of Statement of Claim after Case Management Conference – Extension of Time to file Affidavit outside of time stipulated by Case Management Order – Principles to be applied.

Negligence – Construction of dyke as foundation for a railway line – Dyke having provision for a

river to pass under the line through culverts – Unusually heavy rainfall – Flooding of lands upstream

from the dyke – Whether culverts inadequate - Whether owner of dyke negligent

Claim against public bodies - application for summary judgement - application for extention of time to file additional witness statements - costs - RULE 64.6

Civil Procedure – Costs – Default costs certificate – Application to set aside –

Registrar signing default costs certificate after the filing of the points of dispute – No

evidence of service of the points of dispute – Whether receiving party entitled to

Property (Rights of Spouses) Act – application made out of time – extension of time granted – leave to apply not granted – jurisdiction – effect of Brown v Brown – validity of the fixed date claim form filed before leave granted – effect of Allen v Mesquita.

Civil Procedure – Application to substitute claimant – Assets of original claimant

acquired by applicant – Applicant has since transferred the interest which it

acquired - Counterclaim existing against original claimant – Counterclaiming

defendant not interested in pursuing the counterclaim against original claimant or

applicant - Whether applicant ought to be substituted – Whether original claimant

Land – Boundary Fence – Fence not placed along the registered boundary – Dispute as to

the length of time that fence in place – Whether acquiescence as to location - Whether

sufficient time had elapsed for fence to be declared the boundary – Whether possessory

title secured as a result of incorrect placement – Limitation of Actions Act ss. 3 and 45

Civil Procedure – Costs – Appeal against taxation – Receiving party filing bill of

costs out of time – Whether delay fatal – Judicature (Supreme Court) Additional

Powers of Regisrar Act, s. 4; CPR rr. 64.2, 65.18 and 65.19

Division of Family Home -Property (Rights of Spouses) Act –

Time within which to Apply under the Act – Retrospective nature of Act

Limitation of Actions

Beneficial entitlement to property - visiting relationship - principles of constructive trust -

absence of expressed agreement - common intention of the partia - requirement of

detriment - quantification of the beneficial interesb