2024

Negligence - Motor vehicle accident - Breach of duty of care - Assessment of damages

Arbitration Act - Jurisdiction of Court to intervene in Arbitral proceedings – Whether S. 55 is a mandatory provision – Setting aside Arbitral Award - Summary Judgment.

General Consumption Tax Act - Whether notice of objection determined pursuant to section 40(3) is a decision relating to an assessment and therefore subject to the appellate procedure at section 41 - Whether leave is required to appeal decision made in accordance with section 40(3) and for which the Revenue Appeals Division declined jurisdiction on an appeal filed to it - Considerations for applications to extend time to appeal to the Revenue Court.

Application to strike out - Action on the case - The tort of negligence from a motor vehicle accident - Limitation of action - Computation of time - Whether the day of the accident is excluded from the reckoning of time.

Breach of Agreement – Subcontractor Agreement - Liquidated damages - Whether Claimant entitled to sums withheld as liquidated damages - What rate of interest should be imposed.

Breach of Contract - Whether all the essentials of a valid contract have been met - Whether the parties had an intention to create legal relation.

Section 27 of the Sale of Goods Act - Breach of Contract - Whether the contract provided for exclusivity - Whether payment was contingent upon sale of goods- Whether the Defendant is in breach of Contract

Procedural defect – Whether originating pleadings signed by claimant – Whether the failure to sign certificate of truth in originating pleadings is fatal – Discretion of court pursuant to Rule 3.13 of the Civil Procedure Rules 2002, as amended – Whether claimant’s statement of case should be struck out.

Damages for malicious prosecution – Special damages must be specifically pleaded and proved.

CIVIL PROCEDURE - Application for extension of time to file a defence per rule 26.1(2)(c) of the Civil Procedure Rules - Whether the court should wholly discharge the interim injunctions granted on May 19, 2023 by Mr.