Biomeriux S.A 69280 and Another v Ngobeni (45597/2019)
Biomeriux S.A 69280 and Another v Ngobeni (45597/2019) [2021] ZAGPPHC 819 (13 December 2021)
The court found that the applicants failed to comply with both the Rules and a specific court order regarding the filing of the notice of intention to defend. The notice of appointment of attorneys could not be equated with a notice of intention to defend, as the two serve distinct procedural purposes. The applicants' explanations for delay, including administrative difficulties and COVID-19 restrictions, did not meet the threshold of good cause required for condonation. The court held that electronic filing of the Rule 28(3) notice of objection did not constitute proper service or filing und…
Source excerpt
- Condonation
- Notice Of Intention To Defend
- Rule 30 Irregular Step
- Electronic Filing
- Rule 28 Amendment Of Pleadings