2020

Exclusive Holidays of Elegance Limited v ARC Systems Limited

Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.

Pindling, Sharon v Spence, Derrick

Whether the provisions of the Property Rights of Spouses Act are applicable – Whether the disputed property is the family home – Whether provisions of section 14(2) of the PROSA relevant – Whether the principles of constructive and/or resulting trust are applicable.

White, Kerry Ann v Wright, St. Osbourne and Blake, Stephen

Rule 13.3 of the Civil Procedure Rule as amended (2006) – Application to set aside Default Judgment – Whether the 2nd Defendant has a real prospect of defending the case – Delay in making the application –whether there is a good reason for failing to file an Acknowledgment of Service

McKenzie, Webster v Hayden, Kevin

Application to Set Aside Default Judgment – Rule 13.3 of the Civil Procedure Rules (CPR) as amended [2006] Failure to file Defence in time – Whether inordinate to make Application to Set Aside Default Judgment – Realistic Prospect of Success

Flemmings, Ashford v McDove, Pauline

The Property Rights of Spouses Act - Application for declaration of half interest in the family home - Variation of statutory equal share rule - Whether section 7 factor exists to displace 50/50 presumption.

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