Assessment of Damages – Breach of contract for sale of land - Whether breach date rule applies - Expert evidence - Whether hearsay – Characteristic unknown to the parties is to be taken into account.
Interlocutory Application – Judgment in default – whether Judgment to be set aside – effect of Unless Order – Relief from Sanctions – whether pre-conditions cumulative –whether attorneys error an acceptable explanation.
Interim Injunction - Joint Accounts- Interpretation of Will - Presumption of Advancement - Resulting Trust - meaning of “tantamount” - whether serious question to be tried.
Application for permission to bring Derivative Action-whether ancillaryclaim permissible- Section 212 Companies Act – Whether good faith – purpose to ensure Company able to pay debt to the Claimant.
Negligence – Bicycle Rider – Duty of Motor vehicle exiting premises onto roadway – Whether cross examiner can raise issue not raised in pleadings or witness Statement – Whether Loss of Earning Capacity and Loss of Earnings are the same head of damage.
Negligence – Breach of Contract – Burglary – whether First Defendant security provider negligent – Whether Second Defendant property manager in breach of duty of care - whether Claimant aware of danger- whether Claimant contributed to or caused his own loss - whether hearsay objection in witness statement best taken at Pre-trial Review – Damages in the absence of Documentary proof.