2019

The parties’ interest in the family home – Principal asset – Statutory rule creates an entitlement to equal interest – Equal share rule is the norm but may be displaced – For the rule to be displaced, it has to be shown to be unreasonable or unjust –What constitutes a section 7 factor – No requirement that inheritance factor occurs before the marriage – Once a section 7 factor exists then court can consider all other circumstances including contribution – Inheritance money used to repay mortgage – Post separation contributions do not affect entitlement at separation – Occupation rent – Paym

Motor vehicle accident - Assessment of damages - Future care - Pain and suffering and loss of amenities - Four medical doctors - Four conflicting assessment of impairment.

Civil Practice and Procedure - Notice of application for summary judgment - Rule 15.2 (b) of the Civil Procedure Rules - Whether the defence has a realistic prospect of success - Whether the defence contains bare denial and in breach of Rule 10. 5 of the Civil Procedure Rules.

Assessment of damages - The role of expert witnesses - The explanation of terms in expert reports.

Probate - Will - Validity - Forgery- Undue influence - Whether testator possessed testamentary capacity at the time of execution of Will - Whether signature on Will was that of the testator - Expert Evidence.

Civil Practice and Procedure - Notice of Application for Interim Payment - Part 17 of the Civil Procedure Rules - Rules 17.5 and 17.6 of the Civil Procedure Rules - Principles to be considered by the Court.

Insolvency - Whether trustee disqualified - Application for sale of property jointly owned by bankrupt - Whether bankrupt can challenge decision of trustee - Real Property - Application pursuant to Partitions Act for sale of jointly owned property - Principles to be applied.

Application for ex parte injunctive relief - Whether hearing held ex parte or inter partes – Property dispute – Registered title – Circumstances in which injunctive relief granted on inter partes hearing may be discharged – Effect of sections 68, 70, 71 and 162 of Registration of Titles Act – Indefeasibility of Title.

Company Law – Section 206 of the Companies Act - Scheme of Arrangement- Duty of court - Whether the Scheme of Arrangement is fair –Whether meeting to consider scheme properly constituted – Whether class or interest of shareholders relevant - Pending application to bring derivative action - Whether court should sanction the Scheme of Arrangement- Whether application to approve scheme should be stayed until after application for permission to bring derivative action is heard-Whether attorney who filed affidavit should appear as counsel.