2023

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages

Civil Procedure Rules – Rule 10.3(1) and 10.3 (9) - Permission to file defence out of time - 11 years elapsed between filing an acknowledgement of service and a defence - Reason for the delay - Whether there exists an arguable case - Sale of Land - Breach of contract - Fraud – Specific Performance.

Civil Procedure - Application to strike out the statement of case – Civil Procedure Rule 26.3– Adding of a party after the case management conference – Beneficial
interest in land – Adverse possession of land – Limitation of Actions Act – Crown Property (Vesting) Act.

Will - Construction – Testamentary intention – Court to interpret and give opinion, advice, directions and make Orders regarding unclear clauses of a Will - Section 39 of the Administrator-General’s Act.

Civil Procedure – Res judicata – The doctrine of res judicata – Issue estoppel – The doctrine of issue estoppel – Whether the instant claim is a collateral attack on a previous order of the court – Whether the instant claim offends the doctrine of res judicata – Whether the claim offends the doctrine of issue estoppel – Whether the formalities for the sale of land have been satisfied in respect of the purported sale and purchase of the subject property – Intestates’ Estates and Property Charges Act, sections 2(1) and 4(1), Interpretation Act, section 41

Application for leave for judicial review - Nature of the application for leave -
Burden of proof - Standard of proof - Whether private law contract being
pursued as public law matter – Whether impugned decision amenable to
judicial review - Who is a public officer – Private law right derived from statute
distinct from private law right derived from contract - Leave refused
application to be treated as ordinary claim.

Breach of Contract - Whether there is a valid contract - Whether contract void for consideration -  Whether principle of promissory estoppel applicable

Fraudulent misrepresentation - Fraud must be specifically pleaded and specifically proven – Whether representations made were false – Whether claimant knew representations were false or reckless as to whether the representations were fraudulent - Definition of spouse under the Intestates Estates and Property Charges Act.

Civil Procedure— Rule 26. 3 (1) (c)—Application to Strike Out Statement of Case—Rule 20.6—Amendment to statement case—Limitation period expired—Rule 23.7 (4)—Failure to file Certificate of Next of Friend—Rule 10.3 (9)—Application to file defence out of time

Judicial Review - Firearm Licensing Authority - Extension of Time to Apply for
Judicial Review - Failure to appeal through statutory review process at second
and third tier