The Hon. Mr. Justice David Batts

Application to strike out claim - Building contract - Arbitration agreement - Neither party now seeks arbitration - Whether reference to arbitration time barred-Whether court has jurisdiction to try the issue – Earlier claim filed but not served and now expired-Whether an abuse of process to bring another action - Observations on attaching documents as a schedule to affidavits.

Constitutional Relief- Heads of Agreement – Whether binding contract – Whether legitimate expectation – Whether jurisdiction to grant declaratory relief if claim not contested – Whether breach waived – Whether mandatory order possible – Whether award of damages appropriate- Observations on the nature of declaratory relief

Contract- Sale of Goods - Purchase order subject to drawdown being requested -Schedule for delivery not agreed - Goods produced but not accepted - Whether breach of contract.

Contract-Lease unsigned by landlord - Deposit, rent and, half costs paid by tenant - Whether lease enforceable against landlord – Evidence - Counter notice under Evidence Act not served - Whether documents admissible - Observations on the hearsay rule in civil proceedings.

Civil procedure - Application to strike out claim - Whether second action an abuse of process - Whether same issue being relitigated - Whether second action amounts to harassment.

Civil procedure - Application to strike out - Whether abuse of process - Whether basis for section 213A claim under Companies Act - Whether settlement agreement between all directors and shareholders a bar to proceeding - Whether prolix pleadings - Whether omission of certificate of truth renders claim null and void - Whether delay a bar to the application - Whether consent order make it unjust to strike out claim.

Evidence – Civil Practice – Application to strike out portions of Witness Statements– Hearsay Rules – Whether any relevant exceptions – Relevance-Role of statement of case - Whether condition for service of Notice of Intention to Rely satisfied by service of witness statement.

Application for Interlocutory Injunction – Alleged copyright infringement-Whether distribution agreement lawfully terminated - Whether damages an adequate remedy - Whether balance of convenience favours the grant rather than the refusal of an interlocutory injunction.

Proceeds of Crime Act - Customer Information Order - Whether reasonable grounds to suspect offence has been, is being, or is about to be committed - Applicable test.

Application for summary judgment - Registered land – Registered easement (road reservation) - Limitation of Actions Act - Possessory title - Whether right to road reservation extinguished.