Judgment on liability by Consent – Apportioned at 50% -Assessment of damages – Medical reports agreed – inconsistent findings – Observations on duty of Counsel – Damages.

Contract – Building Contract – Whether Claimant proved breach of contract and sums owed- point in limine- whether counsel was alerted.

Application for relief from sanctions – Need to make application promptly – Need to satisfy the court that there has been general compliance with court orders and rules of court – Deed to satisfy the court that the failure to comply was not intentional – Circumstances in which rule 26.8 (3) of the Civil Procedure Rules is to be considered by court.

Application to set Judgment aside - Attorney’s negligence - Whether delay explained - Whether defence has real prospect of success - Civil Procedure Rules - Fairness.

Tort - False imprisonment - Trespass - Award of aggravated and exemplary damages - Award of special damages - Nominal damages - Applicable principles.

Assessment of damages- Personal injury- no measurable PPD
Heard: March 3, 2014 and April 4, 2014
 

Assessment of Damages/Breach of contract

Caution – Testator who suffered from defective eyesight or is blind - Attesting witnesses’ evidence – Burden of proof – Presumption of due execution of will – Need to prove that testator knew and approved of contents of will

Tort – Malicious prosecution and false imprisonment – Assault – Whether right to arrest although search revealed no offensive weapon – Damages

Negligence – Pedestrian hit – One vehicle overtaking whilst another positioned to turn – whether breach of road code evidence of negligence.