2019

Application for inspection of Document - Whether the Defendant has a right to Withhold Inspection - Rules - 28.1;28.2;28.7;28.12

Personal Injury - Negligence - Breach of duty of care - Employer’s duty to employee - Occupiers’ Liability Act - Common duty to take care - Assessment of damages.

Application for Leave to apply for Judicial Review - Whether there was delay - Applicant saying Minister acted ultra vires in the referring the matter to the IDT - Whether the Applicant has an arguable case; Rule 56.

Costs - Discontinued claim – Discretion of Judge to depart from general rule – Factors to consider in making costs orders in discontinued claims – Recovery of costs by non-party – Civil Procedure Rules part 64 and rule 37.6.

Negligence – Duty of Care – Credibility of witness – Evidence Act S.31E (4)(d) – Hearsay evidence – Claimant’s case based solely on hearsay evidence – Wrongful death – Fatal Accident Act – Law Reform (Miscellaneous Provision) Act – Loss of expectation of life

Application to strike out Claim - Whether the Claimants failed to set out their case- Claimants served Amended Fixed Date Claim Form with Notice of Application for Court Orders with one affidavit - Whether the Claimants failed to serve Affidavit in Support of the Fixed Date Claim Form - Certificate of Next Friend not served-Whether Appropriate case for striking out - Whether the Claimant’s Statements of Case discloses any reasonable Ground for bringing the Claim. Rules;5.2;8.1;8.2;8.8;8.9,23.3;23.6-9;56.9;56.13

Sentence: Plea - Guilty – Sexual Touching and Sexual intercourse with a person under 16 years.

Negligence - Personal Injury - Whether student was injured at school - Foreseeability - Liability of Crown servants - Res Ispa Loquitur - Occupiers Liability Act 1969.

Negligence - Personal Injury -– Claimant injured at work – determination of Liability-Occupiers Liability Act 1969 – Res Ispa loquitur.

Real Property - Division of Property- Tenants in Common – Whether parties whose names appear on title hold beneficial interests in property - Whether Defendants hold property on trust for the Claimants – Whether Court finds beneficial interests different from legal interests - Whether Ancillary Defendants committed trespass, nuisance and assault against Ancillary Claimants – Whether co-owner of property can sue other co-owner for trespass - vicarious liability – whether agency