2021

Application to set aside default judgment – Rules 13.2 and 13.3 of the Civil Procedure Rules 2002 (CPR) – The effect of a failure to comply with rules 30.2 and 30.5(1) of the CPR – Whether to set aside the default judgment and order a trial with the counterclaim.

Contempt of Court – Rule 53.10 - Whether Defendant served with Order bearing penal notice – Whether Defendant was present when injunctive order made - Whether Defendant in breach of order - Costs - Whether court’s displeasure with Defendant’s conduct may be reflected in an order for costs.

Civil Procedure - Application by Defendant to be removed as defendant in the claim and for a company not associated with the Defendant to be named as defendant instead – Can a Defendant remove itself from a claim and seek orders for an unrelated company to be named as the defendant instead - CPR 19.4(3) and CPR 20.4(2)

Application for Interim Injunction – Whether an ordinary claim is really a claim for judicial review – Is there a serious question to be tried.

Contract – Assessment of damages - Loan agreement – Whether quantum of debt claimed is incorrect due to misapplication of funds and/or incorrect interest rate being applied

Matrimonial Property - Property Rights of Spouses Act - Spouses acquired home as joint tenants prior to marriage - Application to vary equal share rule - Marriage of short duration - Considerations - Unavailability of commercial interest for sums paid towards mortgage by one party after date of separation.

Breach of contract for sale of land - Whether previous oral contract forms part of the agreement for sale of land - Mesne profits - Apportionment of outgoings - Statute of Fraud S. 4

Mortgage - Exercise of power of sale - Whether loan repaid - Whether money paid by guarantor on one loan can be applied by lender to another loan - Whether defendants entitled to an account from creditor.

Assessment of Damages – Extradition order made pursuant to the Extradition Act
1870 – Claimant’s Writ of Habeas corpus application dismissed by the Full Court –
Claimant filed notice of intention to appeal to the Privy Council – No such right of