New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (011884/2022) [2024] ZAGPPHC 499 (28 May 2024)

Parties

Procedural Posture

Civil Interlocutory / Application for Condonation and Rule 30 Irregular Step Removal

Legal Issues

1. 1 Whether the applicants should be granted condonation for the late filing of their replying affidavit.
2. 2 Whether the respondents' Rule 30 application to remove the replying affidavit as an irregular step should succeed.
3. 3 Whether the interests of justice require admission of the replying affidavit despite the delay.

Ratio Decidendi

The court found that the complexity and volume of the papers in the main application justified the delay in filing the replying affidavit. The prejudice claimed by the respondents was alleviated by the certification and case management process, which provided for a timetable and the opportunity for the respondents to file a fourth affidavit. The delay of 25 court days was not excessive, and the interests of justice required that the replying affidavit be admitted so that all relevant information would be before the court. The defects in the condonation application, including the lack of detail and failure to address prospects of success, were not fatal in the circumstances of this case....

Court Disposition

Condonation granted for late filing of replying affidavit; Rule 30 application dismissed.

Orders

• The application for condonation is granted.
• The application in terms of Rule 30 fails.