2015

Practice and Procedure – Injunction - Application for injunction to restrain Mortgagee’s exercise of its power of sale contained in a mortgage - Whether Mortgagee may be restrained - Whether damages is an adequate remedy-Section 106 of The Registration of Titles Act - Limitation of Actions Act - Evidence – Use of without prejudice communication.

Application to strike out – Named Claimant non-existent- Application to amend- whether name of party can be changed - Whether claim a nullity

Application for Relief from Sanctions - Unless Order - Attorneys to blame - Whether administrative inefficiency a good explanation - Late compliance - Whether relief to be granted.

Defendants’ application for summary judgment - Whether claim has a real prospect of success - Whether the execution of a bill of sale results in the transfer of title to the grantee of the bill of sale - Whether application could be heard while application for default judgment was pending.

Negligence – Motor vehicle collision – One vehicle turned across path of other – Other vehicle collided with while in its proper lane – apportionment of liability – Contributory negligence – Assessment of damages

Civil procedure - Application to strik out statement of case - Abuse of process - Wasted cost order

Freezing order - Material non-disclosure - Discharge of freezing order - Claimant has unsatisfied debts - Undertaking as to damages.

Real porperty - Strata title - By-Laws restricting user to office or shops - Whether church operation in the mall has resulted in unreasonable interference with use and enjoyment of common areas by other proprietors - Complaints that church causing noise and other nuisance - Continuing breach of covenant using shops as a church - Continuing disputes over parking spaces and noise - Strata run by corporation - Whether there was acquiescence to the breaches by the executive management committee - Whether complaint now deprived of right to enforce the by-laws - Whetehr injunctive relief unjust

Civil Procedure - Application to strike out statement of case - Whether application can be treated as summary judgment application

Trespass to the person and/or assault, malicious prosecution and false imprisonment – Civilian shot by police