The Hon. Mr. Justice David Batts

Application to Set Aside Judgment - No draft defence attached - Whether adjournment to be granted - Whether human or administrative error can be a good reason for failure to file acknowledgment or defence - Whether defence has real prospect of success - Whether certificate for two counsel to be granted.

Intestates Estates & Property Charges Act - Application to be declared a Spouse - Deceased lived with Applicant during the week but stayed elsewhere on weekends - Whether fact of another intimate relationship prevents Applicant being declared spouse - Whether Applicant a housekeeper.

Civil Practice – Application to set judgment aside – Burden on Applicant –– Information necessary to assess whether application made as soon as “reasonably practicable” and whether explanation is a “good” one - Observations on administrative error as a reason.

Criminal Law- Constabulary force Act - Assault - Resisting arrest- Whether arrest lawful - Whether duty to give name - Noise Abatement Act -Whether reasonable cause to suspect.

Negligence - Motor vehicle accident – Defendant denied his vehicle involved – Licence number recorded in mobile telephone – Telephone not produced - Police investigation – Burden of proof - Damages – Wwhiplash injury.

Arbitration- Margin agreements – Arbitration clause – Application to appoint arbitrator - Whether claim statute barred – Whether issue for court and not arbitrator to determine – Whether jurisdictional issue – Arbitration Act.

Negligence – Motor vehicle collision – Light controlled intersection – Defendant making right turn across highway – Amber light – Meaning – Road Traffic Regulations – Evidence – Admissibility of result of a criminal trial – Contributory negligence – Damages – Fractured legs – Re-fracture – Whether second injury remote – Domestic help paid for by another – Whether recoverable by Claimant – Mitigation – Whether defendant to plead – Ancillary Claim – Whether injuries to be particularised.

Applications to set aside Default Judgments and Judgments on Admission - Defendant unrepresented when admission filed - Guarantee – Whether set off possible of a pending claim - Whether notice to guarantor served-Whether interest clause a penalty - Whether defence has real prospect of success.

Negligence- Motor vehicle collision- 1st Defendant exiting premises – 2nd and 3rd Defendant overtaking a line of vehicles with flasher and siren on - Claimants passengers - Liability- Contributary Negligence – Damages.

Land – Claimant transferred his share to others – Purpose of transfer was so that creditors could not go after family home – Whether Claimant still has beneficial interest in the property.