2023

Judicial Review – Claim for judicial review – Availability of remedy – Prohibition – Mandamus – Whether the Minister of Industry, Commerce, Agriculture and Fisheries has a statutory duty to issue guidelines for the transportation and handling of ship-generated food waste in accordance with environmental permits – The Animals (Diseases and Importation) Act – Plant (Quarantine) Act – Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations 1998

Re-enlistment in Police Force is not automatic -  Failure to re-enlist results in the removal of an officer from further service in the Force - It Is not a dismissal.

Application for Interlocutory Injunction Defendant (Bank) froze Claimant (Customer Business) Account Breach of Contract Serious issue to be tried – Adequacy of Damages – Balance of Convenience – Constitution – Right to be heard.

Application for rectification of contract - Alleged mistake when drafting third party release agreement - Whether the third party release agreement as executed between the claimant and 2nd defendant evinced the true and common intention of the parties - Whether common or unilateral mistake was made in the drafting and preparation of the agreement - Whether the court can exercise its equitable jurisdiction to rectify the instrument of agreement to reflect the true and common intention of the parties - Whether the agreement should be set aside - Whether the agreement as executed by the partie

Civil Procedure - Civil Procedure Rules 19 - Addition and Substitution of Parties-Application to amend - Whether the claim is a nullity

Family Law – Application for Custody of Child – Application for Variation of Custody Order – Whether there has been a Material Change of Circumstances to Justify Variation of Custody Order Already Made. Family Law – Application for Custody of Child – Whether Variation of Custody Order is in the Best Interest of the Child.

Civil Procedure – Application to Set Aside Default Judgment – Whether or not the 3 rd Defendant was Properly Served – Whether or Not Deemed Service pursuant to an Order for Service by a Specified Method under Rule 5.14 was Rebutted – Whether Proven that Advertisements in Newspaper Came to 3rd Defendant’s Attention. 

Application to modify restrictive covenants under section 3(1) of the Restrictive Covenants (Discharge and Modification) Act – What is the neighbourhood – Whether the character of the neighbourhood has changed - whether restrictions are obsolete - Whether the reasonable user of land impeded – Whether the proposed modification will not injure the persons entitled to the benefit of the restrictions

Claimant filing suit in a representative capacity as executor of his mother’s estate - Death of the claimant prior to trial - Devolution of office of executor on death where there is a surviving co-executor - Inapplicability of the chain of representation - Suitability of applying for administrator ad litem by executor of deceased claimant -Applicability of CPR 19.3, 19.2(5) and 21.8

Adequacy of claimant’s pleadings – Application to amend statement of case – Defendant requesting that claimant’s statement of case be struck out - Registered mortgage and the effect of foreclosure on the equity of redemption - Sections 119 and 120 of the Registration of Titles Act