2021

Division of property – The proper procedure for the commencement of proceedings under the Property (Rights of Spouses) Act – Whether the purported claim is an irregularity or a nullity – Whether the irregularity is a defect that can be cured – Limitation period – Whether the purported claim is statute barred – Effect of failure to file an application to extend time to apply for the division of property – The division of property under the Partition Act – The Property (Rights of Spouses) Act, sections 2(1) and 13, The Partition Act, sections 2(2), 4 and 5, The Civil Procedure Rules, 2002, ru

Disclosure – Specific disclosure – Application for specific disclosure of audited financial statements – Application made within the hearing of the assessment of damages – Whether the documents to be disclosed are or have been in the defendant’s possession or under its control – Whether the documents to be disclosed are directly relevant to one or more matters in issue – Whether an order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Whether an order for specific disclosure should be made at this late stage – Civil Procedure Rules, 2002, rule

Negligence – Motor vehicle collision – Vehicle stopped in the vicinity of the entrance to a school some distance from a corner – Vehicle colliding with the rear of that which had stopped – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory negligence – Credibility of witnesses

Interim injunction – Breach of Concession Agreement – Whether notice was in
breach of s. 26 of the Rent Restriction Act – Whether the matter ought to have been
referred to Arbitration as per the Agreement.

Company law - Procedure for removal and appointment of director by sole
shareholder - Section 179 of the Companies Act - Procedure for removal of director
on the ground of mental incapacity

Application to set aside default judgment CPR 13.2 and CPR 13.3

Application to enter Consent Order pursuant to CPR 74.12 and CPR 42.7

Custody, care and control - Joint custody - Parents must be able to communicate and co-operate in the upbringing of the child - Welfare of the child and what is in the best interest of the child is of paramount importance - Considering the wishes of the child - Joint obligation to maintain child- Spousal maintenance - Clean break- Lump sum payment

Application to strike out – Whether the statement of case discloses no reasonable
grounds for bringing the claim – Whether the claim amounts to an abuse of
process of the court

Auction - No reserve - Whether contract formed on bid being submitted - Whether bid satisfied conditions of invitation
Registered Land – Caveat - principles to be applied on application to remove caveat - Extent of the asserted interest in land that is sufficient - Whether damages can be an appropriate remedy in a claim for land