The Hon. Mr. Justice Kirk Anderson

Maintenance of spouse – Application for interim maintenance order to be cancelled – Applicant unemployed and earning power limited – Exercise of discretion of court – Application for relief from sanctions

Claim for damages for negligence/employer’s liability – Attack on armed police officer at a police station by member of the public who was a visitor to the police station compound – Duty of care owed by occupier of police station compound to person working within that compound – Duty of care owed by government to persons working on and visiting that compound – Res Ipsa Loquitur – failure of defendant to do anything other than put claimant to proof of his case – Failure of defendant to lead any evidence or to challenge the claimant’s case in any significant way during cross – Examin

 Defendant’s application for summary judgment – Realistic prospect of success – Plea of Non Est Factum – Carelessness – No independent legal advice – Claimant allegedly semi-literate – Undue influence – Trust and confidence – Abuse of influence – Whether mortgage deed was of a fundamentally different character in terms of payment schedule and interest rate

False imprisonment – Malicious prosecution – Whether claim against crown must be pursued against attorney general only – Defendant entitled to damages for false imprisonment only for the period of time held in custody before having been arraigned/brought before a court – Elements required to be proven in claim for damages for false imprisonment – Elements required to be proven in claim for damages for malicious prosecution – Proof of malice or absence of reasonable and probable cause for prosecution of claimant – Lack of reasonable and probable cause for arrest is not to be equated with lac

Tenancy agreement – Periodic tenancy – Notice to quit – Re – entry by landlord onto leased premises – Failure of tenant to end occupation of leased premises – Claim for damages for breach of contract and damages for lost opportunity – whether there was a breach of contract by the parties – Failure by claimant to comply with terms of lease – Failure by defendant to comply with terms of lease – Proof of special damages

Caution – Testator who suffered from defective eyesight or is blind - Attesting witnesses’ evidence – Burden of proof – Presumption of due execution of will – Need to prove that testator knew and approved of contents of will

Breach of statutory duty - Occupiers liability – Negligence -  Contract - Slip and fall on wet stairway at hotel resort – Whether wet stairway constituted an unusual danger – Definition of occupier - Whether defendants. were joint occupiers of hotel resport - Res Ipsa Loquitur

Damages for detinue or conversion  - Negligence - Need for claimant to prove unqualified demand for return of item alledgedly unlawfully detained – Burden of proof of 'positive defence' - Burden of proof as regards issue of mitigation of damages.

Negligence - Traffic accident - Two vehicles approaching separate sstop signs at separate intersections - Claim for damages for negligence - Ancillary claim for damages for negligence - Duty of driver when vehicle being driven by that driver has right of way - Countercliam and ancillary claim - Whether countercliam and ancillary claim should both be comprised in a single Court document. 

Application for summary judgment - Registration (Strata Titles) Act - Whether claim should have been instituted against strata corporation rather than the 1st. defendant - Legal approach to be adopted by court in respect of summary judgment applications - Whether strata plan was a duly regsitered strata corporation.