2017

Contract – Principles to be applied by employer in making discretionary payment provided for by contract of employment - Whether discretion properly exercised -Whether decision relying on opinion of Auditor General without verifying its accuracy is irrational

Matrimonial Property – Parties divorced – Division of property acquired during the marriage –The Property (Rights of Spouses) Act, Sections 12, 13, 14 and 15.

Assessment of damages for personal injuries - Handicap on the labour market - Extra help - Cost of future care and special damages.

Striking out - Summary Judgment - Fraud

Lease Agreement with arbitration clause – Application for stay of proceedings - Whether applicant ready and willing to do all things necessary to the proper conduct of arbitration – Proof required in readiness and willingness - Section 5 of the Arbitration Act

Civil Procedure – Application to set aside default judgment regularly obtained for failing to file defence –– No affidavit of merit – Whether there is justification to waive the requirement for an affidavit of merit – Overriding Objective – Rules 13.2 and 13.3 of the Civil Procedure Rules
Costs – Whether wasted costs order to be made – Rules 64.13 and 64.14 of the Civil Procedure Rules

Negligence – Personal Injury – Res ipsa loquitur – Rules of the road - Road Traffic Act

Judicial Review – Whether Industrial Disputes Tribunal failed to consider relevant issue of frustration of contract – Whether award was manifestly excessive, unreasonable, illegal and void – The Labour Relations And Industrial Disputes Act, sections 3 & 12 - The Civil Procedure Rules, parts 8, 26, 30 & 56.

Contract - Services rendered - Oral agreement – Consideration not specified - Part performance - Whether damages should be awarded to the Defendant on a quantum meruit basis.

Relief from Sanctions – Three criteria to be considered – Importance of promptitude in filing the application for relief from sanctions