2013

Claimant and 1st Defendant had a relationship resulting in a child – House built on family land – Claimant seeks declaration as to claimant’s interest

Notice of Application for Court Orders – Summary Judgment

Judicial Review – Error of law – Whether error of law need be ‘on face of record’ – Inferior tribunal and presumption of regularity – Failure of majority members of inferior tribunal to provide fulsome reasons for award made – Interpretation of contractual agreement – Parties’ discussions during contractual negotiations – Parties’ expressions of understanding of draft agreement as expressed during contractual negotiations – Parties’ expressions of respective interpretations of contractual agreement after agreement reached – Implied terms – Reference to custom and practice in interpretation

Application to strike out claim form and affidavit in support - Limitation period - Whether filing of claim outside of limitation period negates existence of cause of action -  Date of time beginning to run for purposes of Limitation of Action Act - Whether reasonable cause of action exists.

Road traffic accident death - Claim under Fatal Accident Act - Claim under Law Reform (MiscellaneousProvisions) Act - Application to amend claim form and particulars, made after close of parties' evidence at trial.

Husband and wife – Property (Rights of Spouse) ACT – Whether home family home – Whether claimant entitled to equal share in family home – Partition ACT – Whether applicable 

Insurance law - Avoidance of policy by insurer - Non-disclosure.

Application to transfer matter to commercial court - Part 71, Rules 71.3 and 71.6 Civil Procedure Rules 2002 - Considerations to be applied.

Building contract - Liquidated damages clause - Whether delay in payment is to be calculated with reference to the date the money ought to have been paid or with reference to the date of actual payment.

Application for extension of time to apply under section 13(2) of The Property (Rights of Spouses) Act - Factors to be taken into account.