2016

Afflick-Phinn, Kemeica v Phinn, Dwayne

Equity – Constructive and Resulting Trusts – Joint Tenancy – One Joint Tenant deceased – Legal proceedings commenced by deceased Joint Tenant before his death to sever joint tenancy – Spouse of deceased joint tenant claiming beneficial interest in property – Civil Procedure Rules 27.2 (8).

Reid, Herbert v Neita Reid, Michelle

Family Law - Division of matrimonial property - Whether property bought before marriage is matrimonial property - Whether section 13 and 14 of PROSA are relevant - Whether application under PROSA is within time - Whether husband entitled to rent for use of property.

Arthurs, Milton v Tara Estates Limited

Injunction  Nuisance – Noise, dust and smoke, vibrations, water – Construction site – Whether conditions of building approval relevant – Whether action or inaction of planning authorities relevant – Delay in application

Francis-Griffiths, Erica v Griffiths, Patricia

Application for Injunction - Criteria for grant - Judicature (Supreme Court) Act section 49(c) - Civil Procedure Rule 17 - Interim remedies-Property in the process of being purchased-Balance of Convenience - Factors to be taken into account.

Davis, Hillerie v Thomas, Walsworth George

Real property - Agreement to put claimant in possession - Conduct of the parties in relation to the property - Common intention - Whether animus possidendi present - Whether title holder has maintained beneficial interest - Limitations of Actions Act ss 3 and 30.

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