The Hon. Mr. Justice David Fraser

Constitutionality of legislation – Whether section 20 of the Independent Commission of Investigations (INDECOM) Act is unconstitutional – Effect of section 20 conferring on the Commissioner and investigative staff of INDECOM, in the exercise of their duty, like powers, authorities and privileges as are given by law to a constable – Whether INDECOM’s officers have the powers of arrest and charge – Whether INDECOM’s officers having such powers would undermine the Office of the Director of Public Prosecutions

Assessment of Damages – Claimant unlawfully shot and detained by police – Bullet fragments lodged in claimant’s head – Whether in addition to damages for assault and battery claimant entitled to aggravated, exemplary and vindicatory damages.

Summary judgment - Rule 15.2 CPR - Principles to be applied on an application for summary judgment - Whether or not reasonable prospect that court of trial could find evidence of sufficient memoranda in writing and acts of part performance to establish a binding and enforceable lease and sale agreement in respect of which the court would order specific performance.

Damages for breach of contract - Cost of cure approach to determining damages - Loss of amenity flowing from breach of contract - Who can recover? - Damages for loss of amenity to be modest compensation.

Assessment of Damages – Amputation of right hand below elbow – Household Helper (pre-hearing and future cost) – Loss of earnings – Loss of future Earnings – Dandicap on the labour market – Whether mechanical or Myoelectric prosthesis should be provided – Applicability of Multiplier/multiplicand approach to calculating various types of awards – Appropriate size of different multiplicands/multipliers.

Application for leave to apply for Juducial Review — Whether section 26 (2) of the Betting Gaming and
Lotteries Act creates a public power or vests a private right — Appropriate tests for determining
whether public power or private right exercised

Judicial Review – Reluctance of court to review decision to prosecute even greater when challenge to decision indirect – Alternative remedy as a bar to grant of leave – Discretionary nature of judicial review – Desirability to
avoid multiplicity of proceedings – Court will not act in vain.

Amendment of Statement of Claim after Case Management Conference – Extension of Time to file Affidavit outside of time stipulated by Case Management Order – Principles to be applied.

Assessment of damages – Pain Suffering and Loss of amenities – Loss of fingers on dominant right hand, loss of teeth and fracture to right leg – Post Traumatic Stress Disorder– applicability of multiplier/multiplicand
approach to replacement cost of prosthesis – size of multiplier – young claimant – whether damages for loss of earning capacity to be assessed using multiplier/multiplicand approach or conventional award to be made – validity of Notice of Objection to tendering Hearsay Statement in Evidence.