Life And Analytical Sciences (Pty) Ltd and Another v Perkin Elmer Italia Spa; InRe: Perkin Elmer Italia Spa v Life And Analytical Sciences (Pty) Ltd and Another (13/26920) [2014] ZAGPJHC 412 (24 February 2014)

Life And Analytical Sciences (Pty) Ltd and Another v Perkin Elmer Italia Spa; InRe: Perkin Elmer Italia Spa v Life And Analytical Sciences (Pty) Ltd and Another (13/26920) [2014] ZAGPJHC 412 (24 February 2014)

The court found it was common cause that the respondent's replying affidavit in the main application raised new matter, and fairness required that the applicants be afforded an opportunity to respond. No principle or argument was advanced to justify refusing leave to file a further affidavit. However, the applicants delayed in bringing the application, and a shorter period for filing the affidavit was justified to mitigate prejudice to the respondent. The main application had to be postponed sine die to allow for the further affidavit. The wasted costs occasioned by the postponement were to be borne by the applicants, but not on a punitive scale, as there was no clear mala fides and the...

Citation
[2014] ZAGPJHC 412
Parties
Applicant: Life And Analytical Sciences (Pty) Ltd; Applicant: Separation Scientific (SA) (Pty) Ltd; Respondent: Perkin Elmer Italia SpA
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 February 2014
Case Number
13/26920
Procedural Posture
Leave to Appeal / Interlocutory Application for Leave to File Further Affidavits and Postponement of Main Application
Outcome
Leave to file a fourth set of affidavits granted; main application postponed sine die; applicants to pay wasted costs of postponement.
Judges
Maenetje
Legal Topics
Filing of Further Affidavits, Postponement of Proceedings, Costs Award, New Matter in Replying Affidavit
Civil Procedure Filing of Further Affidavits Postponement of Proceedings Costs Award New Matter in Replying Affidavit

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Parties

Life And Analytical Sciences (Pty) Ltd

Applicant

Separation Scientific (SA) (Pty) Ltd

Applicant

Perkin Elmer Italia SpA

Respondent

Procedural Posture

Leave to Appeal / Interlocutory Application for Leave to File Further Affidavits and Postponement of Main Application

Legal Issues

  1. 1 Whether the applicants should be granted leave to file a fourth set of affidavits in response to new matter raised in the respondent's replying affidavit.
  2. 2 Whether the main application should be postponed sine die to allow the applicants to file further affidavits.
  3. 3 Who should bear the wasted costs occasioned by the postponement.

Ratio Decidendi

The court found it was common cause that the respondent's replying affidavit in the main application raised new matter, and fairness required that the applicants be afforded an opportunity to respond. No principle or argument was advanced to justify refusing leave to file a further affidavit. However, the applicants delayed in bringing the application, and a shorter period for filing the affidavit was justified to mitigate prejudice to the respondent. The main application had to be postponed sine die to allow for the further affidavit. The wasted costs occasioned by the postponement were to be borne by the applicants, but not on a punitive scale, as there was no clear mala fides and the...

Court Disposition

Leave to file a fourth set of affidavits granted; main application postponed sine die; applicants to pay wasted costs of postponement.

Orders

  • The first and second applicants are granted leave to file a fourth set of affidavits within five days of the order.
  • The main application is postponed sine die, and costs thereof are reserved.