23 Jan 2025
The application to be joined was dismissed because the applicant failed to demonstrate a bona fide and independent possession interest in the unit under Order 15, was not a party to the settlement, and joinder would increase rather than prevent multiplicity of proceedings; costs were awarded against the applicant.
6 Mar 2017
The judge erred in striking out paras 3–53 because the pleaded matters were relevant to the Counterclaim and to whether the Plaintiff’s legal title was held on trust or was otherwise subject to challenge as administrator; those matters could affect entitlement to possession and should not have been struck out at interlocutory stage where administration issues under Order 85 are engaged.
30 May 2014
The Bankrupt lacked locus to lodge the appeal without the trustee-in-bankruptcy's consent because her rights had vested in the trustee; the Master's grant of leave under s12 was correct because the trustee had no objection and the court's function under s12 is to consider the effect on administration not the merits; accordingly the appeal is dismissed.
18 Jan 2010
The defendant failed to prove 12 years of uninterrupted adverse possession because the trial judge preferred the plaintiff's independent witnesses over the defendant's witness; therefore the application for leave to appeal had no realistic prospect of success and was refused.
27 Mar 2008
The 1st Defendant failed to demonstrate exclusive, continuous and adverse possession of Lot No. 687 and produced no credible evidence to rebut certified cadastral and surveyor reports; accordingly there was no arguable defence and summary judgment for possession was granted to the Plaintiff.