2012

Assessment of Damages – Dog Bite – Infant Claimant

DIVISION OF PROPERTY – BENEFICIAL INTEREST – CONSTRUCTIVE TRUST

– COMMON INTENTION – PROPRIETARY ESTOPPEL – UNCONSCIONABLE

CONDUCT

WHETHER TENDER WAS ACCEPTED-WHETHER THERE IS A CONCLUDED

CONTRACT – WHETHER DEFENDANT IS ESTOPPED BY ITS CONDUCT FROM

RELYING ON CERTAIN CLAUSES – WHETHER CLAIMANT ENTITLED TO DAMAGES –

WHETHER THE FACT THAT VESSEL IS NOT OWNED BY CLAIMANT PRECLUDES A

CLAIM FOR DAMAGES – WHETHER CLAIM FOR INTEREST PURSUANT TO THE LAW

REFORM (MISCELLANEOUS PROVISIONS) ACT MUST BE PLEADED – WHETHER

Civil Procedure - Application for summary judgment - Whether claim res judicata - Application of res judicata to default judgments - Cause of action estoppel - Issue estoppel - Henderson v Henderson estoppel - Abuse of process – The Civil Procedure Rules (CPR) r. 15.2 (a).

Applications For Variation Of Freezing Order

WHETHER THE FAIR COMPETITION ACT APPLIES TO GENERALLY TO THE

TELECOMMUNICATIONS INDUSTRY AND SPECIFICALLY TO MERGERS AND

ACQUISITIONS– WHETHER THE FAIR TRADING COMMISSION HAS JURISDICTION

IN RELATION TO THE AGREEMENT FOR THE ACQUISITION OF CLARO BY

DIGICEL OR TRANSACTIONS EFFECTED BY THE AGREEMENT

Malicious Prosecution – False Imprisonment – Assault and Battery

Unless Order – Breach of Unless Order – Whether Court has discretion to extend time for compliance of Unless Order – Civil Procedure Rules 6.6, 6.6(1), 26.2(1), 26.1(2) (c) and 26.9. – Application dismissed – Cost to Claimant.

Security for Costs

Contract for sale of property – Whether there was breach of contract by claimants or defendant – Failure by claimants to comply with terms of contract for sale of property – Termination of contract for sale of property – Effect of termination of contract for sale of property.