2020

Civil procedure – Application for relief from sanctions after statement of case struck out and judgment entered against the defaulting party – whether applicants have provided a good explanation for non-compliance with case management orders – Rule 26.8 of the Civil Procedure Rules, 2002, as amended.

Civil procedure – Enforcement of Money Judgment – Application for Provisional Charing Order to be made final – Whether judgment debtor has demonstrated that there are good grounds for not making a Final Charging Order – Rule 48.8 of the Civil Procedure Rules, 2002, as amended.

Contract – Breach – Whether contractors completed work required by the contract
Civil Procedure – Disclosure - Consequences of failure to disclose directly relevant documents - Whether adverse inference can be drawn against party who has failed to disclose directly relevant documents Evidence – Whether pre-action admission in writing by counsel admissible

Personal Injury – damages for assault and battery – Claimant inured while in custody – Traumatic brain trauma – Neurological damage resulting in weakness to right side and slurred speech – Claiming special damages, loss of income, general damages for pain and suffering and loss of amenities, disability on the labour market, psychiatric injury – Exemplary damages

Admiralty law - Judicial sale – Application by the previous owner for payment of the remainder of the proceeds of sale – Shipping Act, sections 89(2)(c) and (d) - Civil Procedure Rules, 2002, rule 70.13 (9)

Evidence – Witness summons and witness summary issued by a party for an opposing party – Validity of witness summons – Application to strike out witness summary – Application to strike out portions of the claimants’ statement of case on the basis that it is a collateral attack on a previous decision of the privy council – Civil Procedure Rules, rules 29.6 (3), 33.2, 33.3(4) and 33.3(5)

Claim for judicial review — Whether Contractor-General acted ultra vires Contractor General’s Act in seeking to investigate sale of land — Whether Requisition empowered Contractor-General to investigate prior agreements for the supply of goods and services, disputes in relation thereto and their resolution which led to the sale of land — Effect of non/late disclosure in judicial review proceedings.

Assessment of damages – Measure of damages – Damages for breach of contract – Breach of duty of care to erect and install roof in a workmanlike manner – Cost of cure approach to determining damages.

Statutory Interpretation - Meaning of ‘shall’ in paragraphs 13 and 14 of the First Schedule of the Registration (Strata Titles) Act - Whether the Commission for Strata Corporations can hear disputes between proprietors under section 3B (1) (c) of the Registration (Strata Titles) Act - Judicial Review – Certiorari - Irrationality/ Unreasonableness - Whether the tribunals acted unreasonably - Natural Justice - Duty to act fairly - Legitimate Expectation - Whether there was an expectation that is legitimate – Burden of Proof – Standard of Proof

Administrative Law – Constitutional relief – Judicial review – Principles on which costs should be awarded.