2023

Receivership and Bankruptcy – Sale of assets – Application to approve sale – Whether best price obtained – Expert opinions – Relevance and treatment of expert opinions – Whether unsigned report admissible- Relevance of whether “commercially reasonable” effort to sell made - Observations on principle of open justice- Observations on the distinction between a court appointed and a privately appointed Receiver. 

Civil Practice and Procedure – Application for Summary Judgment – Whether an Amendment to the Pleadings Before Case Management Conference but after a Summary Judgment Application has been Filed and Served Should Be Considered.

Civil Practice and Procedure – Application for Summary Judgment – Whether the Claimant has a Case With a Real Prospect of Success in Whole or in Part.

Whether Summary Judgment Should be Granted Ahead of enactment of Validating Legislation.

Civil Procedure - Restrictive covenant - Advertising dwelling house for short -term rental on Airbnb website - Whether dwelling house is being used for residential purposes only – Business or trade – Nuisance - Whether activities on premises by occupants of the absentee owner amount to private nuisance.

Civil Practice and Procedure – Application for Summary Judgment – Whether an Amendment to the Pleadings Before Case Management Conference but after a Summary Judgment Application has been Filed and Served Should Be Considered. Civil Practice and Procedure – Application for Summary Judgment – Whether the Claimant has a Case With a Real Prospect of Success in Whole or in Part. Whether Summary Judgment Should be Granted Ahead of enactment of Validating Legislation.

CIVIL PROCEDURE - APPLICATION FOR PERMISSION TO FILE DEFENCE OUT OF TIME- DEFENCE NOT FILED SAME TIME WITH APPLICATION-NO AFFIDAVIT OF MERIT FILED - AMENDMENT TO APPLICATION MADE 2 YEARS AFTER APPLICATION FILED - FACTORS TO BE CONSIDERED BY COURT IN DECIDING WHETHER TO GRANT AN EXTENSION OF TIME FOR FILING DEFENCE - Rule 10.3(9), 26. (1)(2)(c), 1.1(1) (2) and 1.2 of the Civil Procedure Rules

Admiralty – Pilotage Act - Ancillary proceedings – Whether claim in rem – Vessel under tow – Collision with pier – Whether pilot of tug can be liable- Whether tugs lawfully arrested - Whether application to arrest ought to have been served – Whether duty to give full disclosure- Whether ex-parte order for arrest to be set aside - Whether and how much security for costs to be paid.

Application for Summary Judgment - Arbitral award - Whether enforceable against guarantor - Whether guarantor can challenge arbitral award - Whether guarantor has a defense with a real prospect of success - Counterclaim - Whether guarantor entitled to judgment in default on the counterclaim - Observations on judicial function when declaratory or injunctive relief claimed.

Civil Practice & Procedure -  Striking out statement of case – No reasonable ground for bringing the claim – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Civil Procedure Rules 26.3 (1) – Extension of time to file defence – Application for Interim Injunction

Revenue Law - Customs Duties - Paragraphs 8(1)(c) and 8(1)(d) of the Schedule to section 19 of the Customs Act - Whether there was a sale for export to engage the transaction value method - Whether the fallback method was the appropriate method of valuation - Whether fees paid post-importation were properly added to customs value of imported goods - Whether procedural errors by appellate tribunal determines appeal which is by way of rehearing

Civil Practice & Procedure - Negligence – Breach of duty of care – Duty to provide a safe system work – Occupier’s Liability Act – Breach of statutory duty of care – Credibility of witnesses – Contributory negligence – Assessment of damages – Handicap on the labour market