2022

Matrimonial Causes Act – Wife’s application to vary order for spousal
Maintenance – Husband’s application to discharge order for spousal maintenance
– Considerations for applications to vary and/or discharge an order for spousal
maintenance made prior to the Maintenance Act under the Matrimonial Causes Act
– Whether court should vary or discharge the order for maintenance

Application for Injunction – Breach of Contract – Whether or not Interim Injunction
should be extended – Whether Balance of Convenience is in Favour of the
Claimant.
Application for Discharge of Injunction – Breach of Contract – Whether the Claim
is Frivolous or Vexatious – Whether or not Balance of Convenience is in favour of
the Defendant to justify discharge of injunction – Whether injunction should be
discharged.

Easement of Necessity – Intended Easement – Property sub-divided leaving one of two lots landlocked – Use of a common area.

Judicial Review – Renewed application for leave to extend time to apply for judicial review – Whether there is a good reason to extend time – Whether the application discloses an arguable ground for judicial review

Application to set aside default judgment – Alleged failure to serve claim form - Whether a delay in filing the application should result in the failure of the application – Whether the defendant has a defence which has a realistic prospect of success - Whether a draft defence attached to an affidavit is sufficient – Hearsay

Injunctions - Freezing Order – Whether a real risk of dissipation has been established - Whether Search is to be permitted of computer images containing trade secrets and confidential business records by a competitor – Preservation Order – Anton Piller Order – Failure to make full disclosure.

Husband and wife - Claim for entitlement to property - Property (Rights of Spouses) Act S. 2, 6, 7, 13 and 14 - Whether the property was the family home - Ownership test/requirement - Residence test - Applicability of section 14 of the Property (Rights of Spouses) Act.

Civil Procedure – Motor Vehicle Insurance Third - Party (Risks) Act, Execution of Judgment, Rule 30 (2) of the CPR.

Real property  - Application for beneficial interest in property - Equitable remedies - Constructive trust - Proprietary estoppel - How equity to be satisfied - What effect does the deceased's Will have on the claimant's beneficial interest in the property 

Civil Procedure – Rule 13.3 of the CPR as amended [2006] – Application to set aside default judgment – Failure to file defence in time – Realistic prospect of success – Delay in making the application.