2022

Landlord & Tenant – Breach of Agreement for Quiet Enjoyment – Establishing Breach of Quiet Enjoyment - Whether Claimant has shown any facts that show a breach of the Agreement for Quiet Enjoyment.

Contract – Breach of Contract – Whether Claimant has established breach of contract – Whether the right of re-entry was properly exercised under the contract.

Application to extend the time to file defence, claim for adverse possession, failure
to file defence due to inadvertence, real prospect of success, explanation for the
delay, application of the overriding objective; parties’ duty to further the overriding
objective.

Civil Procedure – Summary judgment – Claim in negligence arising from rear-end motor vehicle collision – Agony of the moment defence – Part 15 of the Civil Procedure Rules

Assessment of damages - Soft tissue injuries to forehead, left hip and legs -  Whether contributory negligence can be raised at the assessment of damages after a judgment on admissions - Whether the claimant is contributory negligent for not wearing a seat belt in the back seat of a taxi.

Quantum of damages - Partial amputation of right thumb-closed fracture right femur - Open type II fracture mid to distal tibia and fibula-degloving injury to right ankle - Degloving injury to right forearm - 44% whole person impairment 

Assessment of damages – Pleading special damages – Proof of special damages.

Assessment of damages – Unrestrained back seat passenger in a taxi - Excruciating headache and severe upper back pain – The effect of filing a Form 8A - The implications for cross examination in filing a Form 8A but opting not to call any witnesses - CPR 16.2(4) and CPR 16.2(5).

Assessment of damages – Paraplegia - 70% whole person impairment

Allegations of fraud in obtaining certificate of title – No case submission at the end of the claimant’s case - Whether evidence cogent enough to establish fraud

Setting Aside Default Judgment – CPR 13.2 – Whether the claim form and particulars of claim were served – Whether the provisions of section 387 of the Companies Act is mandatory - CPR 13.3 – Whether the defence is one with a real prospect of success - Whether the affidavit in support of the application is an affidavit of merit- Whether service of the default judgment was irregular