Category: Amending pleadings

Assessing inordinate delay: Stringent test applied

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Upholding exception to claim: Insufficient factual allegations

Business Connection (Pty) Ltd v Buffalo City Metropolitan Municipality Upholding exception to claim and high court confirmed that if the exception relates to particulars of claim failing to disclose a cause of action, the test...

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Claiming defamatory process: Proper factual basis

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

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Mandatory interdict considered: Absence of resultant harm

Racing Park development Owners Association v Cape Killarney Property Investments (Pty) Ltd High court considered the nature of the relief sought which was a mandatory interdict involving a remedy where positive conduct on the...

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Amending statement considered: Fresh cause of action?

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Case management directions: Postponement separation and discovery

Investec Bank Ltd v O’Shea NO High Court discussed case management directions  and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

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Counter claims examined: Alleged contractual breaches

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Discretionary costs awarded: Unreasonable objection to amendment

East Cape Midlands College v Abdullah Amendments ensure proper ventilation of disputes and if not made in bad faith or that the amendment would cause an injustice it should be allowed and an award of discretionary costs made....

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Pleading pay discrimination: More than mere differentiation

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Pre-trial minute: Binding nature questioned?

Numsa v Driveline Technologies (Pty) Ltd In upholding the appeal the LAC provided different and arguably ‘conflicting’ reasons for deciding that the pre-trial minute signed by the parties meant that reliance could...

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