Brandwag Primary Aftercare BK v Brandwag Primere Skool and Others (4896/2012) [2015] ZAFSHC 237 (3 December 2015)

Brandwag Primary Aftercare BK v Brandwag Primere Skool and Others (4896/2012) [2015] ZAFSHC 237 (3 December 2015)

The court held that the right to amend the particulars of claim had lapsed by operation of Uniform Rule 28(6) as the amendment was not effected within the required period. Consequently, the order granting leave to amend had no further legal effect and could not be the subject of an appeal. Leave to appeal against...

Source-derived case information.

Citation
[2015] ZAFSHC 237
Parties
Applicant: Brandwag Primary Aftercare BK; Respondent: Brandwag Primere Skool; Respondent: Die Lid van die Uitvoerende Raad vir Onderwys, Vrystaat Provinsie
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Case Number
4896/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order and Costs Order
Outcome
Leave to appeal against the costs order is granted; leave to appeal against the amendment order is refused.
Judges
Kruger, R
Legal Topics
Amendment of Pleadings, Interlocutory Orders, Costs Orders, Rule 28
Civil Procedure Amendment of Pleadings Interlocutory Orders Costs Orders Rule 28

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Parties

Brandwag Primary Aftercare BK

Applicant

Brandwag Primere Skool

Respondent

Die Lid van die Uitvoerende Raad vir Onderwys, Vrystaat Provinsie

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order and Costs Order

  1. 1 Whether leave to appeal should be granted against the order permitting amendment of particulars of claim.
  2. 2 Whether leave to appeal should be granted against the costs order associated with the amendment application.

Ratio Decidendi

The court held that the right to amend the particulars of claim had lapsed by operation of Uniform Rule 28(6) as the amendment was not effected within the required period. Consequently, the order granting leave to amend had no further legal effect and could not be the subject of an appeal. Leave to appeal against the amendment order was therefore refused. However, the court found that there were reasonable prospects that another court might reach a different conclusion regarding the costs order, given that the amendment order had lapsed and the party seeking the amendment was not ordered to pay costs, which deviates from usual practice. The court granted leave to appeal to the Full Bench...

Court Disposition

Leave to appeal against the costs order is granted; leave to appeal against the amendment order is refused.

Orders

  • Leave is granted to appeal to the Full Bench of this Division against the costs order made on 13 October 2013.