The Hon. Miss Justice Carol Edwards

Company law - private company - Directors power to allot shares - Whether share allotment by one of two existing directors valid - Shares allotted for improper purpose - Whether breach of pre-emption rights - Effect of improper allotment.

Civil Procedure - Applications for court orders - Applications made pursuant to liberty to apply clause in a consent order - Whether application for disclosure and verification of sums a variation of the consent order - No requirement for disclosure or verification in the relevant paragraph of the consent order - Whether the liberty to apply clause may be used for such applications - No fraud, misrepresentation or change of circumstances.

Application to strike out  - Whether claim frivolous, vexatious and an abuse of the process of the court - Whether any reasonable grounds for bringing the claim - Parties in previous litigation - Claim compromised and agreement attached in schedule to Tomlin Order filed in court – Terms varied by the parties - Court refused to exercise summary jurisdiction to enforce Tomlin Order - Whether current claim an attempt to enforce original agreement - Whether claim sustainable to prosecute new agreement as varied.

Company – Claim brought by company directors against debenture holders - Company later placed in receivership – Appointment of receiver by debenture holders - Directors continuing claim without consent of receiver – Debenture holders applying to have claim struck out for failing to secure receiver’s consent  - Concurrent power in receiver and directors to bring action in the name of the company - Whether consent of receiver required-whether indemnity necessary if no consent is given - Whether claim should be struck out if no security for costs is provided-applicability of section 388 of Com

Damages - Assessment of damages - Malicious prosecution - Aggravated damages - Exemplary damages - Whether exemplary damages applicable to the tort of malicous prosecution.

Damages - Assessment of damage - False imprisonment - Malicious prosecution - Whether bad character a mitigating factor in the award of damages - Exemplary damages - Aggravated damages - Vindicatory damages.

 Civil procedure - Mandatory mediation – Mediation agreement entered into by the parties - One party in breach of agreement – No notice of discontinuance filed – No stay of proceedings - Validity of agreement being questioned by one party - Whether original claim can proceed despite agreement  –Whether mediation agreement can only be enforced in fresh proceedings where no order made in terms - Application for directions - Rules 1.1; 26.1, 37, 42, and 74, of the Civil Procedure Rules (CPR) 2002.

Fire Brignde-Breach of stnt~itoryd uty- Wlzetlzer 0 civil right of action is

conferred or1 tlze clninznnts- Wlzetlzerfjre brigade crzjoys sti~t~~tory

inznzunip-Mennirzg of borzn fide-Neglige~qce -Wl?etlzer C / L L [ ~ qf care owed

/131 t11ef;re brigade- Vicarious liabilitj1- Fire Brignde Act ss (5) (10) (11)

(I 5)-Fire Brigarle Regulatiorzs ss (33) (3 7).

Limitation of actions - Appliction for extension of time to file claim in negligence - Law Reform (Miscellaneous Provisions) Act - Fatal Accident Act - Whether discretion to extent time exists - Statute of Limitation - Discretion to extend time under Fatal Accident Act - Factors to be considered thereunder.