Motor Vehicle accident – Negligence - Duty of motorist while turning from major
road to minor - Negligence - Duty of care – Overtaking along unbroken white lines.
Application for division of property – Property other than the family home –
Property purchased by one party to marriage – Effect of power of attorney –
Relevant factors for the acquisition of an interest in property other than family
home.
Application to for 3rd further amended particulars of claimant – Application for further supplemental witness statement – Limitation period – Primary considerations – Is the amendment a new cause of action or arising from same facts – What is a disability – Injuries should be sufficiently pleaded – Prolix pleadings – Expert report – Factors for compliance.
Application for leave to appeal – Real chance of success – Limitations of Actions Act – Fraudulent concealment – Jurisdiction of the Master – Striking out of claim – Date on which judgment takes effect – Considerations on application for leave to appeal.
Application for separate trial of preliminary issue – Court’s Case Management Power – Power of Court to dispose of other applications at first hearing –
Distinction between summary judgment and trial of preliminary issue – Factors to be considered upon application for separate trial of preliminary issues – Can
application be determined without consideration of evidence.
Assessment of damages – Negligence – res ipsa loquitur – Contributory negligence – Duty of care – Pain and suffering – Loss of amenities – Motor vehicle collision – Personal injuries proved – Expert’s report
Motion Hearing – Application for Contempt of Court – Application for re-enlistment in the JCF– Absence of Penal Notice in Formal Order – Powers of Court on Application
Negligence – Public Passenger Vehicle – Conductress falling and injured while bus in motion – Duty of care - Skill and care of a reasonable driver – Quantum of damages to be paid – Contributory negligence – Handicap on the labour market
Assessment of Damages - False imprisonment – Malicious prosecution – Loss of earnings – Calculation to determine award of damages – Aggravated damages – Exemplary damages.
Challenge to Court’s jurisdiction – Correct Procedure to be followed – Copyright Act – Exclusive Licensee – Actions brought by Exclusive Licensee – Default Judgment – Effect of Notice of Inspection
