2020

Palmer, Cavelle v Dayes, Mauvelette

Application for Interlocutory Injunction – Whether arguable claim with real prospect of success - Whether Claimant entitled to 60 percent share of property – Whether  Will valid - Proprietary and/or equitable estoppel - Whether promise made in deceased’s lifetime can bind estate - Whether damages an adequate remedy - Justice of the case.

Higgins, Marlan (Executor of Estate of Egbert Higgins) v Christie, Sherman

Whether claimant authorized to initiate proceedings by himself. Whether Agreement for Sale between deceased and defendant remained a valid agreement. Whether counterclaim statute barred. Whether executor should be made to transfer property to defendant. Whether executor entitled to mesne profit. Whether executor estopped from seeking recovery of possession.
 

Baker, Ailette v Gordon, Liston

Ownership of Land - Constructive Trust - Whether there is Sufficient Evidence of Common Intention - Proprietary Estoppel - Defendant admits receiving a sum of money - Whether moneys advanced was a loan or whether there is sufficient evidence of encouragement, promise or assurance to build on the land, giving rise to a reasonable expectation of proprietary interest in the land.

Witter, Alverine v Gore Development Limited and National Water Commission

Negligence – Damage to property – The duty of care owed by utility company to homeowner – Breach of the duty of care – Doctrine of res ipsa loquitur – Causation – Foreseeability of damage – Remoteness of damage – Basis on which damages are to be assessed – Whether special damages have been specifically pleaded and specifically proven – Quantum of damages – Whether the court should deviate from the breach date rule in the assessment of damages in the interest of justice

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