Lezmin 3509 CC v Hollard Insurance Company Limited (2006/17657) [2007] ZAGPHC 271; [2008] 1 All SA 466 (W) (9 November 2007)

Lezmin 3509 CC v Hollard Insurance Company Limited (2006/17657) [2007] ZAGPHC 271; [2008] 1 All SA 466 (W) (9 November 2007)

The court held that Transvaal Rule 7 requires the Registrar to set the matter down and notify the parties, with the parties' subsequent notice serving only as a precaution. The plaintiff's failure to comply with Rule 7(5) did not invalidate the enrolment, as the defendant's attorneys had received the Registrar's notice and suffered no prejudice. The application for condonation was unnecessary, but condonation was granted to clarify the procedural position. The court declared the matter properly enrolled for trial on 12 November 2007 and ordered the plaintiff to pay the defendant's costs, including those reserved by Mailula J.

Citation
[2007] ZAGPHC 271
Parties
Plaintiff: Lezmin 3509 CC; Defendant: Hollard Insurance Company Limited
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
9 November 2007
Case Number
2006/17657
Procedural Posture
Civil Procedure Application / Application for Condonation and Declaratory Relief Prior to Trial
Outcome
Plaintiff's non-compliance with Rule 7(5) condoned; trial declared properly enrolled; plaintiff ordered to pay costs.
Judges
E L Goldstein
Legal Topics
Condonation of Non Compliance, Notice of Set Down, Trial Enrolment, Transvaal Rule 7
Civil Procedure Condonation of Non Compliance Notice of Set Down Trial Enrolment Transvaal Rule 7

Case Brief

Summary, issues, holding and outcome

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Parties

Lezmin 3509 CC

Plaintiff

Hollard Insurance Company Limited

Defendant

Procedural Posture

Civil Procedure Application / Application for Condonation and Declaratory Relief Prior to Trial

Legal Issues

  1. 1 Whether the plaintiff's failure to comply with Transvaal Rule 7(5) regarding notice of set down should be condoned.
  2. 2 Whether the set down of 15 August 2007 constituted sufficient compliance with Rule 7(5).
  3. 3 Whether the trial between the parties is properly enrolled for hearing on 12 November 2007.

Ratio Decidendi

The court held that Transvaal Rule 7 requires the Registrar to set the matter down and notify the parties, with the parties' subsequent notice serving only as a precaution. The plaintiff's failure to comply with Rule 7(5) did not invalidate the enrolment, as the defendant's attorneys had received the Registrar's notice and suffered no prejudice. The application for condonation was unnecessary, but condonation was granted to clarify the procedural position. The court declared the matter properly enrolled for trial on 12 November 2007 and ordered the plaintiff to pay the defendant's costs, including those reserved by Mailula J.

Court Disposition

Plaintiff's non-compliance with Rule 7(5) condoned; trial declared properly enrolled; plaintiff ordered to pay costs.

Orders

  • The plaintiff's non-compliance with Transvaal Rule 7(5) is condoned.
  • It is declared that the trial between the parties is enrolled on 12 November 2007.