The Hon. Justice Natalie Hart Hines

Application to set aside default judgment – Civil Procedure Rules Rule 13.3 – Whether default judgment should be set aside – Civil Procedure Rules Rule 12.5, Rule 12.7, Rule 12.10(1)(b), Rule 16.2, Rule 18.2(4)(b), Rule 18.9 and Rule 18.11(4) – Whether there is an anomaly in Rule 12.5 and Rule 18.2(4)(b) of the Civil Procedure Rules in providing that default judgment on a counterclaim may be entered administratively, and in not providing that the permission of the court is required where the counterclaim is intrinsically connected to the claim.

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.

Notice of Application for court orders vacating previous order – Rule 26.1(7) of the Civil Procedure Rules 2002, as amended – Applicable principles – Whether Court should exercise its discretion to revoke an earlier judgment and orders.

Negligence – Motor vehicle accident while claimant being trained to drive employer’s bus – Employer’s Liability – Duty of care owed by an employer to an employee – Whether employer provided employee with a safe system of work – Whether employer should have trained an employee who had no driver’s licence and no prior experience in driving – Whether employer provided employee with adequate training – Whether driving instructor did all that he reasonably could do to assist the claimant to avoid the accident – Defence of contributory negligence and volenti non fit injuria – Whether claimant hee

Application to modify restrictive covenants – Whether covenant obsolete – Whether the existence of the covenant impedes the reasonable use of the land – Whether modification injures the persons entitled to the benefit of the restriction