Master Mrs. Natalie Hart-Hines

Taylor, Jason v Wright, Leonard

Civil procedure – Claim form filed close to the expiration of limitation period – Application to extend the validity of the claim form filed within life of the claim form – Whether all reasonable steps taken to serve claim form – Whether it is appropriate to extend validity of the claim form after claim became time-barred – Rule 8.15(4) of the Civil Procedure Rules – Considerations for the Court.

Henry, Erraldo v Clarke, Alphanso and Taylor, Samuel

Civil Procedure – Application by insurance company to set aside order for service by a specified method and application to set default judgment aside –Unsigned and unsealed copy of Court order served with the claim form – Sealed copy of Order served after the expiration of the six months’ extension permitted by Rule 8.15(2) of the Civil Procedure Rules – Order appearing to extend the validity of the claim form for a period longer than six months – What is required in making an application for a second extension – Whether default judgment irregularly obtained – Rule 13.2 of the Civil Procedu

Watson, Berisford v Brown, Judith

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form – Rule 8.15(2) of the Civil Procedure Rules.

Higgins, Marlan (Executor of Estate of Egbert Higgins) v Johnson, Geoffrey (Sued as Junior Johnson)

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Claim commenced by way of fixed date claim form – No proof of service of fixed date claim form – Claim form and particulars of claim subsequently filed with the same claim reference number and served – Application to convert proceedings to claim form filed but not determined – Application to enter judgment in default filed and heard – Whether default judgment entered in respect of claim form is irregular – Whether good explanation provided for the failure to file a defence – Whet

Barnaby-Stoddart, Kerry-Ann v Barker, Renville and Williams, Eric

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules.
Civil procedure – Whether rule 6.8 applies to the claim form – Whether it would be appropriate to dispense with the service of the claim form.

Fagan, Frederick v Perry, Kenneth

Civil procedure – Application for summary judgment – Rule 15.2 of the Civil Procedure Rules.
Civil Procedure – Amendment of statement of case before Case Management Conference – Application to strike out statement of case – Rule 26.3(1) of the Civil Procedure Rules – Whether additional claims amount to new causes of action – Whether additional claims are statute barred.

Hughes, Alicia v PAJ Imports Limited

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Irregularly obtained default judgment – Application to set aside default judgment pursuant to rule 13.3 – Tests to be applied.
Civil procedure – Whether the court’s power to dispense with the service of a document in rule 6.8 applies to the claim form.

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