The Hon. Mr. Justice Kirk Anderson

Expert evidence - Part 32 of the Civiil Procedure Rules (CPR) - Oral application and written application - Oral evidence by expert - Need for expert report to be prepared - Section 31E of Evidence Act - Relationship between Part 32 of the Civil Prodecure Reles and Part 31 of the Civil Procedure Rules, - Proposed appointment of expert witness during trial - Jointly instructed expert witness - Whether another expert witness should be appointed by the Court.

Breach of contract - Negligence - Detinue & converstion - Whether claim for damages for negligence can properly be pursued in circumstances which are founded on a contractual agreement - Whether second defendant has propertly been made a party to claim - Failure to put forward reasons for denial of one aspect of claimant's claims - Effect of such failure.

Negligence – Foreseeability – Occupier’s Liability – Breach of statutory duty – Volenti non fit injuria – Distinction between visitor and trespasser.

Summary Judgment Applications – General principles to be applied by Court in respect of Summary Judgment Applications - Adverse possession – What constitutes adverse possession - Trespass to property – Common mistake of parties as to title to property – Both parties holding title – Adverse possession and lawful title – Acquiescence – Relationship between acquiescence and knowledge – Affidavit evidence – Need to state source of information and belief – Opinion evidence deposed to in Affidavit.

Trespass to goods – Detinue – Measure of Damages for trespass to goods – Power of Search and seizure – Absence of reasonable or probable cause – Need to particularize Malice

Unless Order – Breach of Unless Order – Whether Court has discretion to extend time for compliance of Unless Order – Civil Procedure Rules 6.6, 6.6(1), 26.2(1), 26.1(2) (c) and 26.9. – Application dismissed – Cost to Claimant.

Contract for sale of property – Whether there was breach of contract by claimants or defendant – Failure by claimants to comply with terms of contract for sale of property – Termination of contract for sale of property – Effect of termination of contract for sale of property.

Application to strike out Claimants’ statement of case – property

dispute – whether Claimant had reasonable grounds for instituting the

Claim as against the First Defendant.