Bar Exam - Practice & Procedure Cases
Calderbank - ANS-- without prejudice offers;
- formal offer procedure is UCPR 20.26
- relevant in relation to costs
Small - ANS-UCPR 33.4 setting aside a subpoena
Man fell from train
Consolidated Credit - ANS-UCPR 14.11 late admission of affidavit
Cardile - ANS-Freezing Order against a third party
UCPR 25.14 and Practice Note General 14
Hans Pet Constructions - ANS-Civil Procedure Act Section 57 - objects of case
management.
- magistrate erred in striking out defence as a punishment for late filing of evidence.
- magistrate failed to account for interests of justice after Hans Pet gave evidence so
close to deadline that the other party did not have time to file a defence.
- magistrates decision overruled on lack of evidence that he considered section 57
factors.
Expense Reduction - ANS-UCPR 21.2 Inadvertent disclosure of privileged documents.
- duty to court - overriding purpose of civil proceedings; section 56(3) and 56(4) Civil
Procedure Act.
- duty to client - not to put client in breach of duty to the court section 56(4) civil
procedure act.
- solicitors owe fellow practitioners a duty to return all inadvertently disclosed
documents reasonably suspected to be confidential.
Bi v Mourad - ANS-UCPR 12.7 summary dismissal for want of due despatch.
- 9 years elapsed since events various indugences given to plaintiffs.
- sections 55-60 Civil Procedure Act - dismissal for want of prosecution.
- claim for damages for negligence or nuisance from excavation works of adjoining
property, damages of $257,000 claimed, hearing dates vacated due to amendment to
plaintiffs pleadings.
Thomas A Edison Ltd v Bullock - ANS-Supreme Court Act section 66 Injunction.
Ex parte injunction = duty of candour.
Calderbank - ANS-- without prejudice offers;
- formal offer procedure is UCPR 20.26
- relevant in relation to costs
Small - ANS-UCPR 33.4 setting aside a subpoena
Man fell from train
Consolidated Credit - ANS-UCPR 14.11 late admission of affidavit
Cardile - ANS-Freezing Order against a third party
UCPR 25.14 and Practice Note General 14
Hans Pet Constructions - ANS-Civil Procedure Act Section 57 - objects of case
management.
- magistrate erred in striking out defence as a punishment for late filing of evidence.
- magistrate failed to account for interests of justice after Hans Pet gave evidence so
close to deadline that the other party did not have time to file a defence.
- magistrates decision overruled on lack of evidence that he considered section 57
factors.
Expense Reduction - ANS-UCPR 21.2 Inadvertent disclosure of privileged documents.
- duty to court - overriding purpose of civil proceedings; section 56(3) and 56(4) Civil
Procedure Act.
- duty to client - not to put client in breach of duty to the court section 56(4) civil
procedure act.
- solicitors owe fellow practitioners a duty to return all inadvertently disclosed
documents reasonably suspected to be confidential.
Bi v Mourad - ANS-UCPR 12.7 summary dismissal for want of due despatch.
- 9 years elapsed since events various indugences given to plaintiffs.
- sections 55-60 Civil Procedure Act - dismissal for want of prosecution.
- claim for damages for negligence or nuisance from excavation works of adjoining
property, damages of $257,000 claimed, hearing dates vacated due to amendment to
plaintiffs pleadings.
Thomas A Edison Ltd v Bullock - ANS-Supreme Court Act section 66 Injunction.
Ex parte injunction = duty of candour.
