The Hon. Mr. Justice David Batts

Lease – Commercial premises – Rent Restriction Act – Whether certificate of exemption has retroactive effect – Whether oral collateral agreement/terms – Re-entry for non-payment of rent – Whether lease lawfully terminated – Whether tort of breach of statutory duty- Whether decision of English Court of Appeal binding - Damages.

Application for summary judgment - Contract – Flow Super Cup- Claim and Counterclaim- Defence that amounts collected were spent for the Claimant’s benefit – Whether real prospect of success- Counterclaim reliant on an oral agreement – Whether real prospect of success.

Application to set aside judgment in default – Delay in entering acknowledgement of service – Attorney’s error cause of delay – 2nd Defendant an attorney-at-law-Relevance of want of candour - Agreement for sale- Undischarged mortgage on the property- Vendors mortgage also granted to Claimant who was the purchaser- Purchase price paid by instalments- Claimant put in possession- Instalments paid to 2nd Defendant as vendor’s attorney at law -2nd Defendant disbursed payments to his client the 1st Defendant – Payments were not made to mortgagee who exercised power of sale –The Claimant was legal

Company Law – Application for Interlocutory Injunction – Sections 213A (2) (a), (b) and (c) of the Companies Act – Appointment of directors - Appointment of managing director - Whether power of shareholder owning 100% of the shares is to be restrained - Negotiations ongoing with bond holders-Whether appointments unfair or prejudicial - Whether issue for tria l - Whether damages adequate remedy - Whether just in all the circumstances.

Injunction - Money loaned to 1st Defendant – Caveat lodged against property – Property already subject of sale to Interested Party – Whether sale to be restrained – Whether serious question to be tried - Balance of convenience-Promissory notes unstamped - Whether admissible in evidence - Observations on the practice of attaching exhibits to affidavits by schedule.

Application to relist an application to set aside judgment in default - Four-year delay – Whether delay inexcusable – Whether instructions from client required before applying to relist – Overriding objective of CPR – Whether all circumstances including relative strength of each case to be considered.

Application for summary judgment –Claim by broker for commission on sale of land- Whether defence has real prospect of success- Multi Listing Agreement (MLA)- Whether sale to person “associated or affiliated” to someone with whom broker negotiated - Whether Defendant entered into another “valid, bona fide” MLA- Whether 1st Claimant a party to MLA –Whether Claimants were licensed brokers-Whether triable issues of fact – Attorney swearing affidavit- Whether costs to be allowed –Observations on the use of exhibit schedules.

Admiralty Claims – Arbitration pending – Applications to Stay Proceedings – Section 11 Arbitration Act – Whether Court has an inherent power to stay – Vessel arrested – Security provided for release – Whether security is to be released.

In Admiralty - Application to strike out claim - Claim for payment for bunker fuel- Whether claim in rem – Whether supply of fuel gives rise to a lien on the vessel- Whether contract with ship owners - Counterclaim for wrongful arrest – Whether summary judgment to be entered on counterclaim.