2013

Injunction - Interlocutory application - Restraining defendant from making any nomination for appointment of a new member of the Senate.

 Negligence - Vicarious liability - Need to allege personal liability - Res ipsa loquitur -Vehicle accident between car and parked truck - Impact from behind parked truck – Speeding vehicle – Failure of vehicle driver to exercise due care and attention – Need to prove negligence in a context – Causation

Assessment of Damages – Claimant’s son unlawfully shot and killed by police – Claim for Damages under the Law Reform (Miscellaneous Provisions) Act, the Fatal Accidents Act, for General Damages, Exemplary Damages and for Constitutional redress.

 Contract law - Mental capacity of elderly father, suffering from cognitive deficiency - Undue influence – Presumption - Unconscionability of transactions - Company law - Validity of alterations of share capital, shareholders and officers.

 Property dispute - Joint tenants - Intimate relationship but not truly cohabiting - Common intention - Resulting trust - Alternatively share based on what is fair and just in circumstances.

Enforcement of Judgment- Charging Order – Debenture holder – Whether judgment creditor ranks in priority – Whether Judgment Creditor complied with Section 134 of the Registration of Titles Act – Whether application to Extend Time must be granted before time expired – Whether Debenture spent when loan repaid although costs not paid.

Constitutional law – Charter of Rights - Section 13 (3) (c), (c) and (5) – Freedom of speech – Freedom of expression – Whether freedom of expression includes right to use private property to exercise right – Whether fundamental rights applies horizontally

Application to amend statement of case – Statute of limitations – Real Estate (Dealers and Developers) Act – Trustee Act part 2.4(2).

Civil practice and procedure - Application to vary or revoke order - Application made before order perfected - Sparing exercise of power - Overriding objective to be pursued, subject to principled curtailment of the principle.

Application for committal for contempt of court – Service of court orders allegedly breached – Failure to comply with Rule 53.3 of the C.P.R. – Effect of failure to comply with Rule 53.3 of the C.P.R. – Need to prove intentional or willful disobedience of a court order – What constitutes intentional or willful disobedience of a court order.