2023

Civil Procedure – Whether claim can proceed where the enactment upon which the claim is premised is not stated – Whether Claimant’s statement of case is sufficient – Prejudice – Overriding Objective of the Court – Exclusion of Hearsay Document – Civil Procedure Rules 1.1; 8.7; 8.8; 8.9; 26.9 and 29.1

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages

Civil Procedure Rules – Rule 10.3(1) and 10.3 (9) - Permission to file defence out of time - 11 years elapsed between filing an acknowledgement of service and a defence - Reason for the delay - Whether there exists an arguable case - Sale of Land - Breach of contract - Fraud – Specific Performance.

Civil Procedure - Application to strike out the statement of case – Civil Procedure Rule 26.3– Adding of a party after the case management conference – Beneficial
interest in land – Adverse possession of land – Limitation of Actions Act – Crown Property (Vesting) Act.

Will - Construction – Testamentary intention – Court to interpret and give opinion, advice, directions and make Orders regarding unclear clauses of a Will - Section 39 of the Administrator-General’s Act.

Civil Procedure – Res judicata – The doctrine of res judicata – Issue estoppel – The doctrine of issue estoppel – Whether the instant claim is a collateral attack on a previous order of the court – Whether the instant claim offends the doctrine of res judicata – Whether the claim offends the doctrine of issue estoppel – Whether the formalities for the sale of land have been satisfied in respect of the purported sale and purchase of the subject property – Intestates’ Estates and Property Charges Act, sections 2(1) and 4(1), Interpretation Act, section 41

Application for leave for judicial review - Nature of the application for leave -
Burden of proof - Standard of proof - Whether private law contract being
pursued as public law matter – Whether impugned decision amenable to
judicial review - Who is a public officer – Private law right derived from statute
distinct from private law right derived from contract - Leave refused
application to be treated as ordinary claim.

Breach of Contract - Whether there is a valid contract - Whether contract void for consideration -  Whether principle of promissory estoppel applicable

Fraudulent misrepresentation - Fraud must be specifically pleaded and specifically proven – Whether representations made were false – Whether claimant knew representations were false or reckless as to whether the representations were fraudulent - Definition of spouse under the Intestates Estates and Property Charges Act.

Civil Procedure— Rule 26. 3 (1) (c)—Application to Strike Out Statement of Case—Rule 20.6—Amendment to statement case—Limitation period expired—Rule 23.7 (4)—Failure to file Certificate of Next of Friend—Rule 10.3 (9)—Application to file defence out of time