The Hon. Mr. Justice David Fraser

Applicability of Account Agreements – Generally, later contracts rescind or vary previous contracts in relation to the same subject matter – Most recent Agreement applicable – No basis to have recourse to the common law – Implied Plea of non est factum – No duty to explain effect of Agreements – Fraudulent cheques containing forged signatures – Account debited based on the payments on fraudulent cheques – Alleged breach of contract – Express provisions covering customer’s duties – Effect of forgery clause – Forgery clause neither unreasonable nor ambiguous – Scope of verification/conclusive

Application to set aside default judgment – Rule 13 of the Civil Procedure Rules (CPR) – Whether application for relief from sanctions under rule 26 of the CPR is required – Requirements to set aside default judgment – Real prospect of success in defending claim is foremost consideration – Applicant must have an affidavit of merit – Waiver of affidavit of merit possible only in exceptional circumstances – Applicant must have acted promptly and have a good explanation for failure to comply – Court still has discretion to set aside judgment where application not prompt and there is no good ex

The parties’ interest in the family home – Principal asset – Statutory rule creates an entitlement to equal interest – Equal share rule is the norm but may be displaced – For the rule to be displaced, it has to be shown to be unreasonable or unjust –What constitutes a section 7 factor – No requirement that inheritance factor occurs before the marriage – Once a section 7 factor exists then court can consider all other circumstances including contribution – Inheritance money used to repay mortgage – Post separation contributions do not affect entitlement at separation – Occupation rent – Paym

Presumption that joint equitable ownership flows from joint legal ownership – Rebuttal of presumption a heavy burden but can be displaced by showing a different common intention – Common intention to be deduced objectively from parties words and conduct – The court should consider what is fair having regard to the whole course of dealing between the parties in instances where the intended shares are uncertain – Factors to consider in determining common intention include financial contribution and the purpose for which the property was acquired – Occupation rent – Central consideration is fo

Amendment sought by claimants after initial closing submissions – Facts on which amendment based already known – Defendant not caught by surprise – Principles that should guide court in determining application – Scope of powers in the Registration of Titles Act (ROTA) to correct “errors” – S.

Application for striking out of Defence and/or Summary Judgment – Whether there exists reasonable grounds for defending the claim pursuant to rule 26.3(1)(c) of the Civil Procedure Rules or a real prospect of successfully defending the claim pursuant to rule 15.2(b) of the Civil Procedure Rules – Defendant lacking locus standi as either shareholder or creditor of company to defend action on behalf of company – The company was the mortgagor and has a separate legal personality – Only the company has the legal standing to challenge the transfer of title pursuant to mortgagee’s power of sale –

The Evidence (Special Measures) Act, 2012 - The Evidence (Special Measures) (Criminal Jurisdiction) (Judicature) (Supreme Court) Rules, 2016 - Application for main witness to give evidence by live link - Appropriate circumstances for use of special measure of live link - Definition of vulnerabe witness - Witness said to be in fear but no allegation of actual threat - Right of accused to a fair trial - Credibility significant issue - Risk of incurable prejudice of the accused - Overall interests of the administration of justice.

Assessment of Damages – Causation – Apportionment of damages where injuries suffered in separate incidents and defendants sued only liable for one incident – Effect of non-disclosure by claimant of involvement and injury in other incidents

Notice of application for court orders

Date of separation - Divisin of family home - Equal share rule - Partnership of equals - Variarion of equal share rule - Unjust - Unreasonable - Factors to be considered - What is fair and just in the circumstances - Contribution - Other factor - Ownership of other property - Burden of proof - Division of property other than family home - Occupation rent - Mense profit - Definition of property - Inherent jurisdiction.