2015

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

Land Registration - Limitation of Action - Extinction of Title of Registered Owners - Limitation of Actions Act 1881 - Acts constituting sufficient degree of exclusive physical control-nature of disputed land

Assessment of damages - Personal injuries - Pre-existing condition - Loss of earnings

Breach of Contract – Claimants seek damages and interest – Whether interest should be awarded at the prevailing bank rate – Discretionary and Realistic award of interest – Judge should be provided with evidence to assess and ascertain an appropriate rate – Statistics from reputable agencies – Claim for an award of interest at the prevailing bank rate granted

Civil procedure - Dispossession of property - Partition Act SS. 2 and 3 - Limitation of Actions Act SS. 3,4 and 14  -  Property (Rights of Spouses) Act SS. 2 and 13