2023

Civil Procedure – Rule 15.2 – Application for summary judgment – Whether there is a real prospect of successfully bringing or defending the claim – Real property law – Unpaid purchase price – Whether vendor’s lien created – Whether vendor’s lien abandoned – Whether there was a variation of the agreement for sale – Limitation of Actions Act – Whether the claim for unpaid balance of purchase price is statute- barred – Company law – Whether settlement agreement signed by one director is binding on the company

Whether unstamped agreement for sale and unregistered vendor’s mortgage are enforceable in equity - Whether equitable mortgagee is entitled to possession of mortgaged Property on default by equitable mortgagors - Whether purchasers and equitable mortgagors of land entitled to an order of specific performance commanding the vendor and equitable mortgagee to register transfer of property to them - Exercise of inherent jurisdiction to make declaratory reliefs as to parties’ status in relation to the property in lieu of order for specific performance.

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Damages – Pain and suffering and loss of amenities - Special damages

Civil Procedure – Rule 15.2 – application for summary judgment – whether the defendant has a real prospect of successfully defending the claim – Real property – fraud – whether the defence has established a prima facie case of fraud to defeat title of registered proprietor

Application for removal of Executrix - Duties of an Executrix - Fiduciary duties of Executrix Section 7 of the Trustees Attorneys and Executors (Accounts and General) Act - Section 2 of the Mental Health Act - whether Executrix liable for self-dealing - Whether Executrix mismanaged the affairs of the Estate - Failure to keep proper accounts - Whether beneficiary has capacity to sell his interest in the Estate - Undue influence

Breach of Contract - Negligence – Limitation of liability – Exclusion clauses –Special damages

Joint Bank account - Parent child relationship - Whether there is evidence of
intention of the parent to be entitled to the beneficial interest in assets in joint
account.
Equity - Whether the presumption of advancement applies to adult child on a parent
to child transfer to displace presumption of resulting trust - Standard of proof to
rebut presumption of advancement - Whether presumption of advancement
rebutted by evidence of contrary intention.

Interlocutory Injunction – Arbitration Clause-Mortgage by way of guarantee - Whether mortgagee bank should be restrained from exercising power of sale - Borrower not a mortgagor - Whether agreement to arbitrate - Whether borrower has arguable claim - Whether estoppel arises - Whether notice to mortgagor required - Whether Marbella principle is applicable.

Civil Procedure – Part 20 of the Civil Procedure Rules – Application for amendment of claim – Expiry of limitation period – Whether amendment should be granted – Application to add special damages – Whether affixing documents to the particulars of claim amount to pleading items of special damages

Negligence – Shooting by Police Officers – Breach of Duty of Care – Whether there was an armed felon fleeing – Whether the police was acting in lawful self-defence and/or execution of their statutory duties – Innocent Bystander – Assessment of Damages – General Damages – Special Damages – Constabulary Force Act s. 13