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Fumani Holdings (Pty) Ltd v Minister of Finance and 35 Others (121053/2023) [2024] ZAGPPHC 835 (26 July 2024)
The court allowed an urgent motion to proceed but refused to consider late-filed supplementary heads and any new evidence not properly disclosed earlier.
National Union of Mineworkers Union and Others v Eberspacher South Africa (Pty) Ltd (P1022/2001) [2003] ZALC 162; (2003) 24 ILJ 1704 (LC); [2003] 8 BLLR 804 (LC) (2 April 2003)
The court found that the employer's delay in filing the Statement of Defence was partly due to a misunderstanding of procedure and confusion regarding the absence of Annexure 'A' from the Statement of Case. While the employer and its attorney were at fault for the delay, the Union's failure to clearly provide the annexure also contributed. The court held that the importance of the matter to the employer and the prima facie strong prospects of success in the main action compensated for the lengthy delay. The court exercised its discretion to grant condonation, emphasizing that each case must b…
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