Application for relief from sanctions and application to strike out – Primary considerations – Good reason – Consequences of failure to comply with 29.11(2), rule 16.2 (4) defendant’s right to make submissions – Rule 12.13.
Application for leave to appeal – Real chance of success – Limitations of actions act – Fraudulent concealment – Jurisdiction of the Master – Striking out of claim – Date on which judgment takes effect – Considerations on Application for leave to appeal
Injunction – Serious issue to be tried – Balance of convenience – Maintaining the status quo – Incumbrance – Novation – Cleans hands – Jurisdiction over the foreshore – Privity of contract.
Application to enter judgment –– Application for defence to stand ––Application for extension of time –– Relevant considerations – Indefeasibility of a registered title – Possessory title –– Operation of the Limitation of Actions Act –– Effect of a possessory title on successors in title to include a bona fide purchaser for value.
Constitutional Law - Constitutional Amendment to increase retirement age of the Director of Public Prosecutions – Whether the impugned Act is inconsistent with the supremacy clause and void – Whether the impugned Act amended the Constitution – Whether section 2 of the impugned Act may be struck down on the grounds of improper purpose as unconstitutional– Whether the impugned Act may be struck down for contravening the principle of separation of powers – Whether section 2 of the impugned Act has the effect of circumventing the constitutionally mandated process for the extension of the term i
Application for leave to appeal – Relevant Test – Rule 1.8(9) CAR - Judicial Review – Part 56 CPR - Lapse of Time – Whether there can be a second application for judicial review – Is a second application the same as a renewal