Arvum Exports (Pty) Ltd and Others v Costa NO (18979/2013)
Arvum Exports (Pty) Ltd and Others v Costa NO (18979/2013) [2013] ZAWCHC 176 (20 November 2013)
The court held that the applicants' contempt application was procedurally defective, as it did not comply with the requirements for urgent applications under the Uniform Rules and Practice Notes. The use of a rule nisi and the involvement of the court for directions were unnecessary, given that no interim relief was sought and the urgency was not objectively justified. The proper procedure would have been to set their own timetable, allowing the respondents reasonable time to answer, and to enrol the matter on the semi-urgent roll. The court found that the applicants' approach imposed unwarra…
Source excerpt
- Contempt Of Court
- Rule Nisi Procedure
- Urgent Applications
- Practice Note 34
- Form 2a Compliance