2020

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.

Compensation for mesne profits - Whether compensation includes the award of
interest - Award of interest - Whether Registrar has discretion to award interest –
Whether the compensation for mesne profits attracts interest payable on judgment
debts - Judicature (Supreme Court) Act ss. 12 and 51. Judicature (Supreme Court)
Additional Powers of Registrar Act ss. 3 (1) and 5 (1) - Law Reform (Miscellaneous
Provisions) Act - Civil Procedure Rules 12, 14 and 65.23.

Application to strike out – Limitations of actions – Relevant date from which cause
of action accrues – Actions on the case - Amendment of claim – Addition of a party
to claim – Challenge to the court’s jurisdiction.

Assessment of damages - Assault and battery – Damage to wrist and shoulder – Damage to Reputation - False imprisonment - Malicious prosecution – Information on reason for arrest - Proceedings terminated in favour of the claimant - Aggravated damages – Exemplary damages – Constitutional damages

Companies Act - Application for leave to bring a derivative claim – Factors to be considered – Whether leave should be granted to bring claim outside the Jurisdiction – Application of pre-2017 company law relating to fiduciary duties – Extent of applicability of business judgment rule

Criminal law - Criminal Justice (Suppression of Criminal Organisations) Act  S. 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 - Statutory interpretation - Meaning of criminal organisation.

Insurance law - Breach of insurance contract – Whether claimant breached the
terms of the policy – Incorporation of terms and conditions - Whether failure to
refer claim to arbitration is fatal. Motor Vehicles Insurance (Third-Party Risks) Act
sections 2 and 4. Arbitration Act s.5. Arbitration Act, 2017 s. 5.

Negligence – Employer’s Liability – Occupier’s Liability – Contributory negligence – Safe system of Work – Credibility of witness – Damages – Assessment – Personal Injury – Handicap on the labour Market