2013

 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.

Interlocutory injunction - course like to cause the least irremediable prejudice - Need for court to engage in assessment of strength of parties cases - Case involving mainly construction of agreement/written instruments/points of law - Whether court can feel high degree of assurance that at trial would appeal injunction rightly granted - Whether claimant guilty of delay - Securities - Fixed or floating charge - Debenture - Restrictive clauses in debenture - Priority of charges - Whether management agreement void as maintenance of champerty - Whether management agreement constitutes sale or

Penions Act - Retirement - Employee not at work for over fifteen (15) years - Whether entitled to outstanding salary, allowances and leave pay - Whether entitled to retirement benefits.

Application to be removed as 2ndDefendant/Application to set aside - Judgment and to extend time to file Defence - Whether default judgment irregularly obtained.

Application for appointment of representative of deceased’s estate as defendant to claim – Section 12 of Administrator General’s Act – Rules 21.1, 21.2 and 21.7 of C.P.RR. – Interlocutory appeal – Leave to appeal.