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South Africa decisions
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JDG Trading (Pty) Ltd v Black Sash Trust and Others (A3086/2019) [2023] ZAGPJHC 1004 (8 September 2023)
The High Court dismissed a Rule 30 application to strike an amicus curiae’s replying affidavit in a National Credit Act appeal, with costs.
African National Congress v Moqolo and Others (1852/2023) [2023] ZAFSHC 180 (12 May 2023)
The High Court postponed an urgent contempt application, granted leave to file a replying affidavit, and ordered filing of a transcript of prior proceedings.
National Credit Regulator v Coco's Cash Loans (Pty) Ltd In Re National Credit Regulator v Coco's Cash Loans (Pty) Ltd (NCT/116729/2018 57(1)NCA) [2019] ZANCT 104 (8 July 2019)
The Tribunal granted the National Credit Regulator condonation for the late filing of its replying affidavit in a complex National Credit Act matter.
Springs Car Wholesalers (Pty) Ltd v No Finance Cars v National Credit Regulator (NCT/121875/2018/56(1)) [2019] ZANCT 88 (22 May 2019)
The National Consumer Tribunal granted condonation for the late filing of a replying affidavit, finding good cause, minimal delay, and no prejudice.
National Credit Regulator v Mr Price Group Limited (NCT/81672/2017/140(1)) [2017] ZANCT 133 (9 November 2017)
The Tribunal granted the National Credit Regulator condonation to file a replying affidavit late, finding no prejudice to Mr Price Group and no costs order.
Boldprops 1110 CC v Automatic Holdings (Pty) Ltd and Another (07946/2016) [2016] ZAGPJHC 216 (5 August 2016)
The High Court dismissed an application to strike out a franchise agreement annexed in reply, finding the respondents suffered no prejudice and knew the document.
Primedia (Pty) Ltd and Others v Passenger Rail Agency of SA and Others (6168/2012) [2012] ZAGPJHC 93 (11 May 2012)
The court struck out new factual allegations and fresh tender challenges raised for the first time in reply, finding them inadmissible and prejudicial.
Kungwini Manor Home Owners Association (Pty) Ltd v Kungwini Estate (Pty) Ltd (24144/10) [2010] ZAGPPHC 172 (23 September 2010)
The court found that the applicant's replying affidavit did not introduce a wholly new cause of action but rather responded to the defence raised by the respondent in its answering affidavit, specifically the reliance on clauses in the notarial servitudes. The applicant was justified in raising new facts in reply, as these were prompted by the respondent's change in defence and the recent discovery of relevant documents. The court exercised its discretion to refuse the striking out application, noting that prejudice to the applicant and its members from disconnection of essential services wou…
Source excerpt
Waltloo Meat and Chicken SA (Pty) Ltd v Silvy Luis (Pty) Ltd and Others (18910/07) [2008] ZAGPHC 136; 2008 (5) SA 461 (T) (16 April 2008)
The High Court refused condonation for a late replying affidavit, finding the applicant’s notice of motion defective and the delay inadequately explained.
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