2014

Injunction - Restraint of trade - Employeee and competitor restrained by clauses - Whether restraint clause too widely drawn - Interpretation of contract

Application for interim payment - Application for summary judgment - Contested issues of fact between opposing defendants who have counterclaimed against each other - Contested issues of fact between defendants and claimant - Legal principles to be applied.

Negligence - Occupiers liability - Personal injury

Negligence – Motor vehicle collision – One vehicle on the wrong side of dual carriageway – Whether lawfully there due to road conditions – Whether contributory negligence due to speed – Damages – Spinal injury 30% permanent partial disability.

Application for injunction - Executor's rights and duties - Beneficiary intermeddling in estate.

Jurisdiction - Claim filed more than twelve months after separation - Matrimonial home - Entitlement to interest - Equity - Constructive trust - Property (Rights of Spouses) Act.

Property (Rights of Spouses) Act – Determination of interest in land on which house is located – Whether house is family house – Determination of interest in land on which businesses are located – Declaration of entitlement to interest, shares and profits in businesses, - Order for transfer of ownership of motor vehicle.

Negligence – Bicycle Rider – Duty of Motor vehicle exiting premises onto roadway – Whether cross examiner can raise issue not raised in pleadings or witness Statement – Whether Loss of Earning Capacity and Loss of Earnings are the same head of damage.

Property Dispute - Claim for declaration of beneficial interest in estate property – Claim for sale of estate property – Application for injunctive relief

Division of Property – Unmarried couple - Claim for 50% share of property said not to be intended to be a home although occupied by the family.