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South Africa Case Law

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Civil Procedure [2020] ZAFSHC 151

Du Plooy v Absa Bank Limited; In Re Absa Bank Limited v Du Plooy (5791/2020)

Du Plooy v Absa Bank Limited; In Re Absa Bank Limited v Du Plooy (5791/2020) [2020] ZAFSHC 151 (31 August 2020)

The High Court stayed an interlocutory application to compel documents, finding it overlapped with pending sequestration proceedings raising the same prescription issue.

  • Lis Pendens
  • Prescription Act
  • Sequestration Proceedings
  • Compelling Production Of Documents
  • Lis-pendens
  • Prescription
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Civil Procedure [2013] ZAFSHC 72

Andrade v Road Accident Fund (1566/2013)

Andrade v Road Accident Fund (1566/2013) [2013] ZAFSHC 72 (16 May 2013)

The court held that the applicant was entitled to enforce the terms of the pre-trial minute, which constituted a binding agreement between the parties. The facts of this case were distinguishable from Kriel v Bowels, where no pre-trial conference had been held and no agreement existed. Here, the respondent had agreed to provide discovery and answers by a specified date but failed to comply. The court found that compelling compliance with the pre-trial agreement was competent and necessary to ensure the expeditious resolution of the dispute and the integrity of the pre-trial process.

  • Pre Trial Agreement
  • Rule 37 Compliance
  • Discovery Affidavit
  • Compelling Production Of Documents
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.