2020

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

Claim of Public Interest Immunity – Duty of the court to balance competing aspects of the public interest in the administration of justice versus limiting disclosure to preserve national security – Minister’s Certificate should be given significant weight but is not conclusive – Three stage test to determine effectiveness of Certificate, relevance of documents sought to be withheld and whether documents if relevant should not be disclosed to avoid substantial harm to the public interest

Compulsory Land Acquisition – Compensation and Interest paid – Owner of land aggrieved – Reference by the Commissioner of Lands – Land Acquisition Act