The Hon. Mrs. Andrea Martin-Swaby (Ag)

Civil Procedure – Application for Extension of Time to Bring Claim – Delay – Reasons for the Delay – Prejudice – Is the Claim meritorious – Res Judicata – Is the Claim an abuse of process – Striking Out – Application to Strike Out Claimant’s Statement of Case Against the 2nd Defendant – Applicable Limitation Period – Property (Rights of Spouses) Act sections 13, 21, 22 and 23 – Civil Procedure Rules, 2002 as amended, Rule 26.3

Succession – Probate – Validity of a Will – Forgery – Fraud – Has the presumption of validity been rebutted – Revocation of a Grant of Probate – Is the absence of all the relevant parties material such that the matter cannot proceed – Is the principle of laches applicable – Joinder and Interested Parties – Is the Expert Report admissible – Should the Court pronounce for the force and validity of the Will – Wills Act section 6 – Civil Procedure Rule 32.13 and 68.56.  

Injunctions – Granting an Injunction as an Interim Order – Proprietary Injunction vs. Mareva Injunction – Can a beneficiary of a deceased’s Estate apply for an injunction against the assets of the Estate - Is there a serious issue to be tried – Are damages an appropriate remedy – Was there material non-disclosure – Is it just and convenient to grant the injunctive relief – Judicature (Supreme Court) Act, section 49(h) – Civil Procedure Rules, 68.9, 68.10, 68.18, 68.23 and 68.58

Family Law – Mental Health Act - Managing the Affairs of a Patient under the Mental Health Act – Nearest Relative – Examining Medical Evidence Presented – Mental Health Act sections 2, 3 and 29