Van Der Merwe v Bonaero Park (Edms) Bpk (106/98)
Van Der Merwe v Bonaero Park (Edms) Bpk (106/98) [2000] ZASCA 180 (31 May 2000)
The Supreme Court of Appeal held that the respondent's refusal to provide security de restitutendo upon request was contrary to Rule 8(9) and 8(10), as payment and provision of security must occur simultaneously. The appellant's notice was sufficient to trigger the obligation to provide security, and the respondent's failure constituted a default under Rule 8(10), entitling the appellant to proceed to the principal case. The court further found that the late filing of the notice to proceed could be condoned under Rule 27, as good reasons for condonation were present in the record. The previou…
Source excerpt
- Provisional Sentence
- Security De Restituendo
- Rule 8 Application
- Condonation
- Late Filing
- Final Judgment Effect