2021

Williams, Sheldon v Durrant, Denese

Application to set aside default judgment obtained for failure to serve claim - Expiry of claim form prior to purported date of service - Issue not raised by the defendant - Whether court entitled to set aside on its own motion. Conflicting evidence as to service - Whether defendant was served - Whether default judgment should be set aside.

Fulton, Sally v Ramson, John and Silvera, Susan

Civil Practice and procedure - Conduct which is oppressive or unduly prejudicial or unfair – Section 213A of the Companies Act – Summary judgment – Rule 15.2 of CPR – Beneficial interest in shares – Whether Buy Out Order appropriate.

Island Lubes Distributors Limited and West Indies Petroleum Limited v Levy, John and Levy, Donna et al

Injunction - Principles to be applied
Breach of fiduciary duty - Principles to be applied - Whether maintainable against former director

Wrongful interference with contractual relations and procuring breach of contract – Distinction and principles to be applied
Breach of Confidence – Principles to be applied
Consent order – Whether real contract - Circumstances in which party may be permitted to withdraw consent

Chin, Everoy v Silver Star Motors Limited

Civil practice and procedure - Application for summary judgment - Whether defendant has any real prospect of successfully defending the claim - Civil Procedure Rules, 2002 as amended, rule 26.3 - Application to strike out claim - Whether claimant’s statement of case is an abuse of process or discloses no reasonable grounds for bringing the claim - Civil Procedure Rules, 2002 as amended, rule 15.2

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