2022

Civil Procedure - Rule 39.6(1) of Civil Procedure Rules - Application to set aside judgment given in defendant’s absence at trial - Whether good reason given for the defendant’s failure to attend trial - Whether some other order would have been made had the defendant or his counsel been in attendance.

Civil Procedure - Rule 15.2 of the Civil Procedure Rules - Application for summary judgment - Whether the claimant has a real prospect of succeeding on the claim against the 1st defendant - Vicarious liability - Whether hirer of a motor vehicle under a car rental agreement vicariously liable for the negligence of a party who hires the motor vehicle - Whether the hirer to be named as party in claim for negligence of hiree

Civil Procedure - Rule 26.1 of Civil Procedure Rules - Application to strike out claim - Whether there are reasonable grounds for bringing the claim -  Issue estoppel - whether issue in claim subject to issue estoppel on the basis of it being the subject of Court of Appeal judgment; Defamation - Absolute privilege - Whether words spoken during trial by counsel subject to absolute privilege.

Power of Attorney - Proprietary estoppel - Equitable interest - Agency

Please see calculation

Assessment of Interest payable on debt outstanding

Constitutional Relief- Heads of Agreement – Whether binding contract – Whether legitimate expectation – Whether jurisdiction to grant declaratory relief if claim not contested – Whether breach waived – Whether mandatory order possible – Whether award of damages appropriate- Observations on the nature of declaratory relief

Application to set aside Court orders for substituted service - Extension of time to effect service

Quantum of damages - Multiple fractures - scaring - 17% whole person impairment - Prolonged recovery - The subjective element in the assessment of damages.

Negligence – Contributory negligence – Pleadings – Whether contributory negligence properly pleaded – Whether Court can consider contributory negligence if not properly pleaded 
Negligence – Employer’s liability – Duty to have and maintain a safe place of work - Whether or not employer breached duty to have and maintain a safe place of work – Was the floor of the defendant’s premises in an unsafe condition for workers?