Pieters NO v Absa Bank Limited (50865/2010) [2017] ZAGPJHC 18 (15 February 2017)

Pieters NO v Absa Bank Limited (50865/2010) [2017] ZAGPJHC 18 (15 February 2017)

The court found that the language used by the plaintiff in the identified paragraphs of her affidavits was indeed scandalous, vexatious, and irrelevant, and thus granted the defendant's striking out applications with costs. On the separation application, the court held that the locus standi issue was narrow, discrete, and could be conveniently determined before the other issues, which were more complex and likely to involve expert evidence. The court rejected the defendant's arguments regarding amendments and practical difficulties, finding that these did not affect the separability or convenience of determining locus standi first. The separation was granted, with the locus standi issue...

Citation
[2017] ZAGPJHC 18
Parties
Plaintiff: Renette Pieters N.O.; Defendant: Absa Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
50865/2010
Procedural Posture
Civil Procedure / Interlocutory Applications: Striking Out, Separation of Issues, and Discovery Compliance
Outcome
Striking out applications granted with costs; separation of locus standi issue granted; discovery compliance application dismissed with costs.
Judges
Van der Linde
Legal Topics
Striking Out Application, Separation of Issues, Locus Standi, Discovery Compliance, Costs Award
Civil Procedure Commercial and Corporate Striking Out Application Separation of Issues Locus Standi Discovery Compliance Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Renette Pieters N.O.

Plaintiff

Absa Bank Limited

Defendant

Procedural Posture

Civil Procedure / Interlocutory Applications: Striking Out, Separation of Issues, and Discovery Compliance

Legal Issues

  1. 1 Whether certain paragraphs in the plaintiff's affidavits should be struck out as scandalous, vexatious, or irrelevant.
  2. 2 Whether the issue of the plaintiff's locus standi should be separated and determined before other issues in the main action.
  3. 3 Whether the defendant's discovery compliance application should be granted in light of the separation order.

Ratio Decidendi

The court found that the language used by the plaintiff in the identified paragraphs of her affidavits was indeed scandalous, vexatious, and irrelevant, and thus granted the defendant's striking out applications with costs. On the separation application, the court held that the locus standi issue was narrow, discrete, and could be conveniently determined before the other issues, which were more complex and likely to involve expert evidence. The court rejected the defendant's arguments regarding amendments and practical difficulties, finding that these did not affect the separability or convenience of determining locus standi first. The separation was granted, with the locus standi issue...

Court Disposition

Striking out applications granted with costs; separation of locus standi issue granted; discovery compliance application dismissed with costs.

Orders

  • Paragraphs 5 and 10 of the plaintiff's replying affidavit are struck out.
  • The plaintiff is directed to pay the costs of the application for striking out, including the costs consequent upon the employment of two counsel.