The Hon. Mr. Justice David Batts

Negligence – Motor vehicle colliding with pedal cyclist -  Issues of Fact – Whether Condition of road caused accident - Whether Defendant breached duty of care to Claimant.

Contract - Services rendered - Oral agreement – Consideration not specified - Part performance - Whether damages should be awarded to the Defendant on a quantum meruit basis.

Mortgage – Exercise of Power of Sale – Duty of mortgagee – Sale on Open Market – Valuation –Whether valuation current - Description of property –Whether error material – Whether fact that mortgagor prevented inspection material – Negligence – Whether claim to be struck out – No subdivision or building approval – Whether mortgagee to await grant.

Interim Payment – Claim based on estoppel – Defendant expressed preparedness to pay part of claim – Defendant has counterclaim exceeding that amount – No Defence to counterclaim filed – Whether interim payment to be ordered.

Land - Registration of Titles Act – Limitation of Actions Act – Whether first registration defeats a possessory title – Whether a subsequent transfer also defeats possessory title.

Application to Set Aside Judgment - No draft defence attached - Whether adjournment to be granted - Whether human or administrative error can be a good reason for failure to file acknowledgment or defence - Whether defence has real prospect of success - Whether certificate for two counsel to be granted.

Intestates Estates & Property Charges Act - Application to be declared a Spouse - Deceased lived with Applicant during the week but stayed elsewhere on weekends - Whether fact of another intimate relationship prevents Applicant being declared spouse - Whether Applicant a housekeeper.

Civil Practice – Application to set judgment aside – Burden on Applicant –– Information necessary to assess whether application made as soon as “reasonably practicable” and whether explanation is a “good” one - Observations on administrative error as a reason.

Criminal Law- Constabulary force Act - Assault - Resisting arrest- Whether arrest lawful - Whether duty to give name - Noise Abatement Act -Whether reasonable cause to suspect.

Negligence - Motor vehicle accident – Defendant denied his vehicle involved – Licence number recorded in mobile telephone – Telephone not produced - Police investigation – Burden of proof - Damages – Wwhiplash injury.