Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Tragar Logistics CC v Concargo Supply Chain (Pty) Ltd (461/2021) [2023] ZAWCHC 213 (24 July 2023)
The court dismissed an application to compel further discovery and production under Rule 35(3) and Rule 35(12), finding the requests speculative and unsupported.
Owners and Underwriters of the MV 'Smart' v National Ports Authority a Division of Transnet (SOC) Limited and Another (A11-2016) [2020] ZAKZDHC 9 (10 March 2020)
The court found that the Owners' discovery process, though not strictly in accordance with Uniform rule 35(2), was reasonable and justified given the complexity and international nature of admiralty litigation. The affidavits provided sufficient detail and there was no evidence of undiscovered relevant documents. TNPA's application to compel further discovery failed as the Owners had complied adequately. The Owners' application for further and better discovery was granted in part, as the requested documents were relevant to the issues of institutional negligence and pilotage procedures, but l…
Source excerpt
Tracklot General Trading (Pty) Ltd v Sethole and Another (7406/2015) [2016] ZAGPPHC 214 (23 March 2016)
The court held that the respondents must produce for inspection all documents referred to in the rule 35(12) notice that are in their possession or, if not, must make a reasonable effort to obtain them and provide an affidavit explaining any inability to do so. Privileged or irrelevant documents need not be produced if substantiated, but confidentiality alone is not a defence. The application to strike out was considered premature, and the appropriate relief is an order to compel production. The court exercised its discretion to balance the interests of both parties and ordered the respondent…
Source excerpt
Explore more
