2014

Negligence – Motor vehicle accident – Vicarious liability – Whether 1st Defendant’s actions within the course of employment – Car keys handed to 1st Defendant by 2nd Defendant - Frolic- Whether 2nd Defendant liable – Damages - Whiplash.

Assessment of Damages - Endocrinology test – Misdiagnosis due to erroneous results – Anxiety - Damages.

Assessment of Damages - Heavy object falling, injury to knee - Whether loss of earning capacity payable although Claimant in the Public Service – General Damages

Negligence – Identification – Burden of proof on claimant

Tort – Negligence – Trench left uncovered and unmarked on roadway – Whether injury reasonably foreseeable – unless order- whether party in breach for failing to file a witness statement if they intend to call no witness – Damages.

Judgment on liability by Consent – Apportioned at 50% -Assessment of damages – Medical reports agreed – inconsistent findings – Observations on duty of Counsel – Damages.

Contract – Building Contract – Whether Claimant proved breach of contract and sums owed- point in limine- whether counsel was alerted.

Application for relief from sanctions – Need to make application promptly – Need to satisfy the court that there has been general compliance with court orders and rules of court – Deed to satisfy the court that the failure to comply was not intentional – Circumstances in which rule 26.8 (3) of the Civil Procedure Rules is to be considered by court.

Application to set Judgment aside - Attorney’s negligence - Whether delay explained - Whether defence has real prospect of success - Civil Procedure Rules - Fairness.

Tort - False imprisonment - Trespass - Award of aggravated and exemplary damages - Award of special damages - Nominal damages - Applicable principles.