2014

Injunction - Application to restrain mortgagee exercising power of sale.

Matrimonial Property - Dissolution of Marriage-Property (Rights of Spouses) Act - 2004 whether residence a “family home” – Whether Claimant entitled to sixty percent share – Whether contribution is enough to displace the equal share rule – Whether shop appurtenant to family home and used wholly or mainly for purposes of household - Declaration as to share in other property.

Statutory interpretation – Sections 29, 31, 32 and 34 of Telecommunications Act – Interpretation of contract. 

Company law – Receivership - Whether directors need leave to apply to set aside default judgment – Derivative action - Whether directors should indemnify company and on what terms.

Matrimonial Property - Claim for 50% share in house and land -Limitation of Actions Act - Whether property rights extinguished - Severance of joint - Tenancy - Effect of unregistered transfer of title -Illegal purpose of transfer - Whether illegality a bar to resulting trust.

Judicial Review – Labour Relations & Industrial Disputes Act – Decision of Industrial Disputes Tribunal – Whether Dismissal Justifiable – Whether Fair Hearing Required if Gross Misconduct Established – Relevance of Industrial Relations Code where there is gross misconduct

Application to strike out  - Whether claim frivolous, vexatious and an abuse of the process of the court - Whether any reasonable grounds for bringing the claim - Parties in previous litigation - Claim compromised and agreement attached in schedule to Tomlin Order filed in court – Terms varied by the parties - Court refused to exercise summary jurisdiction to enforce Tomlin Order - Whether current claim an attempt to enforce original agreement - Whether claim sustainable to prosecute new agreement as varied.

Company – Claim brought by company directors against debenture holders - Company later placed in receivership – Appointment of receiver by debenture holders - Directors continuing claim without consent of receiver – Debenture holders applying to have claim struck out for failing to secure receiver’s consent  - Concurrent power in receiver and directors to bring action in the name of the company - Whether consent of receiver required-whether indemnity necessary if no consent is given - Whether claim should be struck out if no security for costs is provided-applicability of section 388 of Com

Claim for interest in the land – Registered land – Equitable estoppels – Whether
transfer defeated equitable claim.

Appeal - Appeal from refusal by Resident Magistrate - Principles applicable - Reasons for refusal