South Africa Case Law

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/20216)

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/20216) [2024] ZAGPJHC 927 (4 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

40135/2016

Judge

Mahosi

The Court held that the Commercial Court Directive is subordinate to the Uniform Rules of Court and cannot supplant them. The pleadings filed under the Uniform Rules—summons, particulars of claim, amended particulars of claim, and plea—remain the operative documents for adjudication of the trial. The statement of case and responsive statement required by the Directive serve to advance the matter expeditiously but do not replace the pleadings. The Court found that adjudicating the matter solely on the statement of case and responsive statement would allow the City of Johannesburg to introduce…

Source excerpt

• Commercial Court Directive
• Pleadings
• Damages For Economic Loss
• Municipal Liability
• Practice Directives
• Court Jurisdiction

Lombard Insurance Company Limited v McCrae (09093/13)

Lombard Insurance Company Limited v McCrae (09093/13) [2022] ZAGPJHC 781 (13 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

09093/13

Judge

A W Pullinger

A commercial court matter was postponed sine die after the court held that the Commercial Court Directive must ordinarily be followed.

• Commercial Court Directive
• Postponement Of Trial
• Case Management
• Summary Statements
• Targeted Disclosure
• Commercial-court-directive