Smith and Others v Du Plessis (99075/2015) [2018] ZAGPPHC 711 (9 February 2018)

Smith and Others v Du Plessis (99075/2015) [2018] ZAGPPHC 711 (9 February 2018)

The court found that the applicants provided a reasonable explanation for their delay in pleading or excepting, which was not excessive and did not demonstrate mala fides or reckless disregard for the rules. The applicants acted promptly upon becoming aware of the notice of bar and attempted to comply with the filing timelines. The respondent's objections regarding the manner of service and alleged dilatory conduct were not substantiated by evidence of prejudice. The court accepted that the applicants' exception was not ill-founded and that any prejudice to the respondent could be compensated by a costs order. Accordingly, condonation was granted, the notice of bar was uplifted, and the...

Citation
[2018] ZAGPPHC 711
Parties
Applicant: Jacques Smith; Applicant: Dave Smith; Applicant: Dawie Smith; Applicant: Dawie Nortje; Respondent: Jean Prieur du Plessis
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 February 2018
Case Number
99075/2015
Procedural Posture
Civil Application / Application to Uplift Bar and Uphold Exception
Outcome
Condonation granted for late pleading or exception; notice of bar uplifted; respondent directed to respond to exception within ten days; costs awarded against respondent.
Judges
Thobane
Legal Topics
Condonation for Late Pleading, Notice of Bar, Exception to Pleading, Vague and Embarrassing Pleading
Civil Procedure Condonation for Late Pleading Notice of Bar Exception to Pleading Vague and Embarrassing Pleading

Case Brief

Summary, issues, holding and outcome

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Parties

Jacques Smith

Applicant

Dave Smith

Applicant

Dawie Smith

Applicant

Dawie Nortje

Applicant

Jean Prieur du Plessis

Respondent

Procedural Posture

Civil Application / Application to Uplift Bar and Uphold Exception

Legal Issues

  1. 1 Whether the applicants have shown good cause for condonation of their failure to plead or except timeously.
  2. 2 Whether the notice of bar should be uplifted.
  3. 3 Whether the applicants' notice of exception should be upheld.

Ratio Decidendi

The court found that the applicants provided a reasonable explanation for their delay in pleading or excepting, which was not excessive and did not demonstrate mala fides or reckless disregard for the rules. The applicants acted promptly upon becoming aware of the notice of bar and attempted to comply with the filing timelines. The respondent's objections regarding the manner of service and alleged dilatory conduct were not substantiated by evidence of prejudice. The court accepted that the applicants' exception was not ill-founded and that any prejudice to the respondent could be compensated by a costs order. Accordingly, condonation was granted, the notice of bar was uplifted, and the...

Court Disposition

Condonation granted for late pleading or exception; notice of bar uplifted; respondent directed to respond to exception within ten days; costs awarded against respondent.

Orders

  • Condonation is granted to the applicants for failure to timeously plead or except.
  • The notice of bar is uplifted.