South Africa Case Law

Overrox Trading 70 CC and Another v Controller of Petroleum Products and Others (AR 293/22)

Overrox Trading 70 CC and Another v Controller of Petroleum Products and Others (AR 293/22) [2025] ZAKZPHC 1 (7 January 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 293/22

Judges

Nkosi, Olsen, Moodley

The court found that the appellants failed to provide an acceptable explanation for their delay in delivering the answering affidavit, and the court a quo exercised its discretion judicially in refusing the adjournment. The appeal against the refusal of the adjournment was dismissed. Regarding the substitution order, the court held that exceptional circumstances justifying such an order were neither pleaded nor established. The substitution order was issued mero motu by the court a quo without affording the parties an opportunity to address the existence of exceptional circumstances. This inf…

Source excerpt

• Review Of Administrative Action
• Substitution Order
• Adjournment Application
• Promotion Of Administrative Justice Act

Futura Footwear Ltd v Salomon S.A.S (5459/2011)

Futura Footwear Ltd v Salomon S.A.S (5459/2011) [2012] ZAKZDHC 68; 2012 BIP 169 (KZD) (30 October 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

5459/2011

Judge

M Pillemer

The High Court ordered a French peregrine plaintiff to furnish security for costs and refused an adjournment sought to file more evidence.

• Security For Costs
• Peregrinus And Incola
• Judicial Discretion
• Adjournment Application
• Security-for-costs
• Peregrinus-and-incola