An application to set aside decision to grant leave to enter default judgment - An applicationto set aside decision refusing extension of time in which to file defence - Reasonable prospect of success - As soon as reasonable practicable - Overriding objective in the exercise of discretion.
Application under property rights of spouses act - Partition act application – Applications for division of matrimonial property – Failure to deny allegation in claimant’s statement of case – Failure to provide reasons for putting claimant to proof of allegation – How to make application in relation to section 7 of prosa – Effect of failure to make application in relation to section 7 of PROSA - Applicability of presumption of equal division – Section 6 of PROSA – Division of personal property items – Section 14 of PROSA.
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.
