The Hon. Mr. Justice David Batts

Judgment Summons – Summons to Examine – Enforcement of Money Judgment – Burden of Proof – Whether judgment debtors had means or ability to pay - Observations on the Debtors Act, Part 52 of the Civil Procedure Rules 2002 and, the jurisdiction to commit persons for non-payment of judgment debts.

Construction contract – Disputes adjudicated - Contract terminated prior to completion – Adjudicator’s rulings determined by court to be binding – Project manager failed to issue payment certificate - Whether death of project manager barred claim – Whether interest on overdue amounts to be compounded – Whether late submission of final account barred claim - Whether amounts already paid settled claim – Meaning of “prevailing commercial interest rate”.

Contract – Whether oral or in writing - Whether agreement to share profits as franchisee- Whether agreement to sell stock and fixtures - Documentary evidence - Whether signed document a sham – Whether Defendant in business on her own account - Burden of proof – Factual findings.

Application for interim relief - Application to Strike Out Claim – CPR Rule 26.3(1) – Companies Act Section 213A – Derivative Action – Breach of fiduciary duties

Application for Entry of Judgment in Default – Application to Strike Out Claim and for Summary Judgment – Whether claim form personally served – Copyright Act – Companies Act – Whether claim particularized – Whether Claimant has locus standi-Whether real prospect of success.

Mortgage – Power of sale exercised – Whether breach of duty by mortgagee – Subdivision approval obtained – Physical evidence of subdivision – Restrictive covenant not modified or removed - Splinter titles not issued -- Whether property appropriately advertised – Whether reasonable steps taken to obtain true market price at the time – Whether valuer in breach of duty.

Contract – Loan – Promissory Notes – Whether loan repaid – Whether interest rate agreed – Whether documentation created a sham transaction – Whether illegality tainted contract – Whether evidence admissible – Stamp Duty Act – Whether documents improperly stamped – Whether late stamping permissible – Whether equitable mortgage created – Hearsay objections to witness statement – Failure to take objections at case management – Whether trial judge has discretion to refuse to entertain late application – Whether self-serving evidence of communication to a third party admissible – Whether trial j

Receivership and Bankruptcy – Sale of assets – Application to approve sale – Whether best price obtained – Expert opinions – Relevance and treatment of expert opinions – Whether unsigned report admissible- Relevance of whether “commercially reasonable” effort to sell made - Observations on principle of open justice- Observations on the distinction between a court appointed and a privately appointed Receiver. 

Admiralty – Pilotage Act - Ancillary proceedings – Whether claim in rem – Vessel under tow – Collision with pier – Whether pilot of tug can be liable- Whether tugs lawfully arrested - Whether application to arrest ought to have been served – Whether duty to give full disclosure- Whether ex-parte order for arrest to be set aside - Whether and how much security for costs to be paid.

Application for Summary Judgment - Arbitral award - Whether enforceable against guarantor - Whether guarantor can challenge arbitral award - Whether guarantor has a defense with a real prospect of success - Counterclaim - Whether guarantor entitled to judgment in default on the counterclaim - Observations on judicial function when declaratory or injunctive relief claimed.