2020

Application for Declaration of Ownership – Matrimonial Property – Property other than the family home – Contribution –Section 14 PROSA

Civil Procedure - Application to amend Re-Issued Fixed Date Claim Form – Locus standi – Civil Procedure Rule 19 and 20

Civil Procedure - Application to set aside substituted service - Civil Procedure Rule 11.18

Effective date of separation – Discussion on application for leave to apply for extension – Effect of other property owned by relevant party – Is application negatively impacted when wrong procedure used within 12 month period – Assessment of contribution of parties to acquisition.

Application for relief from sanctions – Consideration of rule 26.8 – Effect of non-Compliance with orders – Unless order – Good explanation - Delay.

Application to set aside Default Judgment - Whether incorrect procedure adopted in applying for default judgment-defamation - Actionable remarks - Defences of merit.

Application for recovery of possession – Equitable estoppel – Licensee - Constructive trust – Beneficial interest – Representation – Reliance – Unconscionable detriment.

Companies Act - Sections 174,193, 213 and 213A - Mining lease granted to 1st Defendant’s son - Duty of director – Whether breach of trust - Whether implicit agreement to permit 1st Defendant to make such a decision - Whether 1st Defendant as managing director acted lawfully - Whether duty to disclose - Whether secret profit – Expert report admitted by consent - Whether Defendants entitled to challenge the expert’s methods and findings – Remedies - Measure of damages.

Company Law – Minority shareholder – Section 213A Companies Act – Civil Practice and Procedure – Rule 15.2 – Defendant’s application for Summary Judgment – Whether Defendant can obtain Summary Judgment against itself – Whether Claimant entitled to a trial – Whether trial of preliminary issue is appropriate - Anton Pillar order improperly executed – Mareva injunction- Whether orders to be set aside – Whether an order for interim payment should be made – Whether interim receiver should be appointed.

Civil Procedure – Employers liability – Duty of employer to provide a safe place and system of work – Contributory negligence – Assessment of damages