2013

Administrative law – Judicial review – Part 56 of the CPR – Rule 56.3, 56.4 & 56.11 (4) (c)

Application for leave to apply for Judicial Review granted -

Whether part 11 of the CPR, Particularly RULE 11.16 (3) Applies - Rule 11.16 (3), whether directory or mandatory.

Landlord and tenant - Agreement to lease - Whether enforceable agreement - Costs of expansion of proposed leased premises.

Interlocutory injunction - Mortgage by way of guarantee and guarantee - Whether serious issue to be tried - Unconscionable conduct/undue influence - Bank's obligations to volunteers - Legal advice clause - Condition for grant of injunction - Payment into court.

Application for Court Orders to prevent Director of Public Prosecutions exercising Constitutional powers.

Employment - Judicial review - Internal enquiry - Whether natural justice applies - Whether remedy of judicial review available

Bankruptcy - Bankruptcy Act - Sections 39, 84, 42 - Meaning of 'debt provable in bankruptcy" - Whether bankrupt or trustee in bankruptcy to conduct proceedings - Whether automatic stay of proceedings.

Civil practice and procedure - Application to set aside judgment in default of acknowledgment of service - Duties of registrar - Rules 9.2 (5), 9.3(1), 12.4, 13.2 and 13.3 of the Civil Procedure Rules - Time running in the long vacation - Whether judgment irregularly or regularly entered - Whether defendant has real prospect of successfully defending the claim - Points of law and construction of documents - Court not to conduct mini trial where points not straight forward - Loan agreements - All moneys clause - Guarantee and indemnity - Guarantor not merely surety but primary obligor.

Police fatal shooting - Reasonable self defence - Absence of reasonable and probable cause.

Property dispute - Several properties - Family home - Whether claimant entitled to an interest - Whether property adjustment and maintenance relevant.