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South Africa Case Law

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Civil Procedure [2024] ZAECELLC 46

Van Wyk v Van Wyk (507/2017)

Van Wyk v Van Wyk (507/2017) [2024] ZAECELLC 46 (16 September 2024)

The court ordered the plaintiff to pay the defendant’s wasted costs after a mistaken case management conference notice compelled attendance in a part-heard divorce trial.

  • Case Management Conference
  • Rule 37
  • Wasted Costs
  • Divorce Action
  • Wasted-costs
  • Case-management-conference
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Civil Procedure [2024] ZAGPPHC 444

N.Z.M v Road Accident Fund (13281/2020)

N.Z.M v Road Accident Fund (13281/2020) [2024] ZAGPPHC 444 (16 May 2024)

The court found that Rule 37(2)(b) does not impose any obligation on the defendant to nominate a date, time or place for a pre-trial conference, and therefore an order to compel such action is not competent under Rule 30A(1)(a). The correct procedure in cases of non-engagement is for the plaintiff to submit the matter to the Registrar under Rule 37(3)(b), who will then decide the date, time and place for the pre-trial conference. The court disagreed with the contrary interpretation adopted in Hamufari v Road Accident Fund and the Johannesburg practice directive, holding that the rules, not th…

  • Pre Trial Conference
  • Rule 37
  • Rule 30a
  • Interlocutory Orders
  • Leave To Appeal
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Civil Procedure [2012] ZAGPJHC 222

Venter v Haupfleisch Inc (2009/2747)

Venter v Haupfleisch Inc (2009/2747) [2012] ZAGPJHC 222 (10 September 2012)

High Court postponement application granted after late expert notice and poor pre-trial compliance, with a punitive costs order against the defendant.

  • Postponement
  • Expert Evidence
  • Rule 36
  • Rule 37
  • Costs Order
  • Pre Trial Conference
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Civil Procedure [2004] ZAGPHC 5

Visser v Platinum Mile Investments 229 (Pty) Ltd and Another (22760/2002)

Visser v Platinum Mile Investments 229 (Pty) Ltd and Another (22760/2002) [2004] ZAGPHC 5 (25 May 2004)

The court found the matter not ready for trial because discovery, further particulars, and pre-trial conference steps were outstanding, and awarded costs against the plaintiff.

  • Postponement Of Trial
  • Discovery Procedure
  • Pre Trial Conference
  • Costs Order
  • Rule 37
  • Rule 35
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.