2017

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

Mortgage – Exercise of Power of Sale – Duty of mortgagee – Sale on Open Market – Valuation –Whether valuation current - Description of property –Whether error material – Whether fact that mortgagor prevented inspection material – Negligence – Whether claim to be struck out – No subdivision or building approval – Whether mortgagee to await grant.

Application for court to discontinue part-heard application to strike out defence
and enter summary judgment, commenced in absence of lead counsel for the
defence who was ill – Client’s constitutional right to be represented by attorney of
choice – Whether breach of right to fair hearing and equality before the law –
Whether inappropriate material relied on in affidavit in absence of lead defence
counsel – Whether irremediable prejudice suffered by defendant – Court’s ongoing

Application to register foreigh forfeiture order - Relevant considerations for the Central Authority and the Court - Circumstances when appropriate to apply repealed legislatiion - Effect of S.

Insolvency - Sections 2 (1), 4, 5, 6, 7, 9, 10, 11, of the Insolvency /act - Whether automatic stay under section 4(1) should be lifted - Test for lifting stay under section 7.