2020

Injunction - Interim - Inter partes hearing - Whether there was material non-disclosure - Anticipatory breach of restrictive covenant - No application or order for modification of restrictive covenant - Whether there is a serious question to be tried - Balance of convenience.

Civil Procedure – Whether the Claimant abandoned his interest in real property - Whether the Defendant dispossessed the Claimant - What is the effect of the execution and registration of the Instrument of Transfer subsequent to the purported period of dispossession.

Civil Procedure - Whether the Supreme Court has jurisdiction to hear an application to discharge a freezing order made by a Judge of the court after there was a judgment on the claim and before there was an appeal against that judgment and a stay of execution of portions thereof  - Ex-parte freezing orders - whether the Supreme Court retains the jurisdiction to address ex parte orders even if there is an appeal in respect of the judgment in the claim, in aid of which a protective freezing order was granted.

Application to strike out – Immunity of Registrar – Relevant date for registration of transfer - Pre-conditions to filing suit against the Registrar of Titles – Requirement for Fraud to be specifically pleaded – True Test for Fraud

Assessment of Damages - Pain and suffering and loss of amenities - Loss of earning - Loss of Future earning - Future care.

Damages - Assessment - Fatal Accident - Law Reform (Miscellaneous Provisions) Act - Fatal Accidents Act

Civil procedure – Application by defendants for permission to file defence out of time – Application by claimant for permission to enter judgment in default of defence against the Crown – Whether the draft defence is a bare denial of some of the allegations made in the claimant’s statement of case – Whether it is appropriate to enter judgment in default in respect of one or more defendants in the circumstances – Rule 10.3, 12.3(1) and 12.9 of the Civil Procedure Rules, 2002, as amended.

Civil procedure – Application to set aside judgment in default – Whether there is an affidavit of merit – Whether the defendants have demonstrated that they have a real prospect of successfully defending the claim – Rules 5.7, 13.2 and 13.3 of the Civil Procedure Rules, 2002, as amended.

Proceeds of Crime - Application for Pecuniary penalty order - Proceeds of Crime Act Sections 2,5,6,7 and 8 - Standard of proof - Burden of proof

Revenue Law - Duty Free Shopping System Act (DFSSA) - whether goods sold at
a licensed duty free shop to persons who are not passengers or diplomats were
sold under the duty free shopping system and therefore exempt from GCT.
General Consumption Tax Act (GCTA) - whether the Respondent had jurisdiction
to raise an assessment for GCT where goods sold at a licensed duty free shop to
persons other than passengers or diplomats but exported through Customs - if
the Respondent had jurisdiction to raise assessment to GCT - whether the