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.
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order - Relevant considerations for the Central Authority and the Court - Circumstances when appropriate to apply repealed legislatiion - Effect of S.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.
Application for extension of time to file defence - Whether delay inordinate - Whether there is a good reason for delay - Whether there is an agruable case - Rule 10.2, 10.3, 26 (1) 2 and 68.62.
Application to be heard by affected third party on an application for leave to commence judicial review proceedings - Whether overriding objective applies to part 56 of the Civil Procedure Rules - Whether judge has discretion to allow affected third party to be heard at the leave stage - Whether judge has power to invite submissions from a third party to assist in the just disposal of the application – Part 56 Civil procedure rules
