2020

Trt - Trespass to land - Award of damages - Nominal damages for trespass to land - Injunction against trespass

Application to set aside default judgment – Whether there is a good explanation for the failure to file an acknowledgment of service within time – Alleged default of applicant’s insurers – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Application made almost a year after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success – Reliance on hearsay evidence

Civil practice - Application to set aside judgment - Whether application made as soon as resonably practicable - Explanation for delay - Prejudice to claimant if judgment set aside.

Civil practice and procedure - Application for specific disclosure - Civil Procedure Rules 2002, as amended; Rule 28.7 - Whether documents requested are directly relevant to the claim or whether claimant is on a fishing expedition

Land - Boundaries of conguous parcels of land - Whether the claimant is entitled to specific performance

Civil practice and procedure - Breach of contract - Breach of expressed term -
Purchaser unable to complete - Rescission of contract - Specific performance

Judicial review - Revocation of firearm user's licence by Firearm Licensing Authority - Revocation upheld by Minister - At what stage under the Firearm Act does a party have a right to be heard - Procedural impropriety - Illegality - Whether ther Minister is bound to accept the recommendation of the Tribunal.

Medical practitioner - Breach of duty of confidentiality -  Public interest – Doctor's duty to patient and to public - Breach of constitutional right to privacy - Damages for breach of duty of confidence - False imprisonment - Defamation.

Civil practice and procedure - Mortgage - Duty of mortgagee in exercising power of sale - Whether mortgagee liable for selling property below market value

Claim for 50% share in property not the family home - Parties cohabiting - Whether spouses - Termnation of cohabitation - Direct and indirect contribution s towards acquisition of roperty not hte family home - Property Rights of Spouses Act S. 13(1)(a), 4(1)(b), 14(2), 14(3) and 14(4).