SB v Storage Technology Services (Pty) Ltd (15550/2020) [2021] ZAWCHC 210 (21 October 2021)

SB v Storage Technology Services (Pty) Ltd (15550/2020) [2021] ZAWCHC 210 (21 October 2021)

The court found that the re-delivery of the exception by the respondent on 20 May 2021 was an irregular step, as it was not delivered within the period allowed for filing any subsequent pleading in terms of rule 23(1). There is no procedural mechanism to cure this defect without an application for condonation, which was not brought. The April exception, delivered on 1 April 2021, remains extant until struck out, set aside, dismissed, or upheld, as an exception is a pleading and does not automatically lapse if not set down for hearing. The applicant's notice of bar was set aside as it was delivered after a pleading had already been filed. On the merits, the respondent's exception to the...

Citation
[2021] ZAWCHC 210
Parties
Applicant: SB; Respondent: Storage Technology Services (Pty) Ltd; Plaintiff: SB; Defendant: Alfredo Witlouw; Defendant: Storage Technology Services (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
21 October 2021
Case Number
15550/2020
Procedural Posture
Civil Application / Exception and Rule 30 Application; Interlocutory Stage Prior to Plea
Outcome
The respondent's exception delivered on 20 May 2021 is set aside as an irregular step. The applicant's notice of bar delivered on 21 May 2021 is set aside. The respondent's exception delivered on 1 April 2021 is dismissed. The respondent is ordered to deliver its plea within 20 court days. The respondent is to pay...
Judges
J Cloete
Legal Topics
Exceptions to Pleadings, Vicarious Liability, Sexual Assault, Rule 23 Uniform Rules, Irregular Steps, Psychiatric Injury
Civil Procedure Delict Exceptions to Pleadings Vicarious Liability Sexual Assault Rule 23 Uniform Rules Irregular Steps Psychiatric Injury

Case Brief

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Parties

SB

Applicant

Storage Technology Services (Pty) Ltd

Respondent

SB

Plaintiff

Alfredo Witlouw

Defendant

Storage Technology Services (Pty) Ltd

Defendant

Procedural Posture

Civil Application / Exception and Rule 30 Application; Interlocutory Stage Prior to Plea

Legal Issues

  1. 1 Whether the re-delivery of the exception by the respondent on 20 May 2021 constitutes an irregular step under rule 30.
  2. 2 Whether the applicant's notice of bar delivered on 21 May 2021 is a regular step.
  3. 3 Whether the April exception delivered by the respondent remains extant and should be dismissed.

Ratio Decidendi

The court found that the re-delivery of the exception by the respondent on 20 May 2021 was an irregular step, as it was not delivered within the period allowed for filing any subsequent pleading in terms of rule 23(1). There is no procedural mechanism to cure this defect without an application for condonation, which was not brought. The April exception, delivered on 1 April 2021, remains extant until struck out, set aside, dismissed, or upheld, as an exception is a pleading and does not automatically lapse if not set down for hearing. The applicant's notice of bar was set aside as it was delivered after a pleading had already been filed. On the merits, the respondent's exception to the...

Court Disposition

The respondent's exception delivered on 20 May 2021 is set aside as an irregular step. The applicant's notice of bar delivered on 21 May 2021 is set aside. The respondent's exception delivered on 1 April 2021 is dismissed. The respondent is ordered to deliver its plea within 20 court days. The respondent is to pay...

Orders

  • The exception delivered by the respondent (second defendant) on 20 May 2021 is set aside as an irregular step in terms of uniform rule 30.
  • The notice of bar delivered by the applicant (plaintiff) on 21 May 2021 is set aside.