Callis N.O v York (3108/2021)
Callis N.O v York (3108/2021) [2021] ZAFSHC 179 (2 August 2021)
The court found that the applicant's procedural error in the notice regarding time frames was rectified prior to the hearing and communicated to the respondent. The respondent's insistence on proceeding with argument during the Unopposed Motion Court Roll constituted an ambush of both the applicant and the court, resulting in procedural unfairness. The applicant was caught off guard and not prepared for the respondent's prompt and unusual application. In the interests of justice and fairness, the matter was postponed to the Opposed Motion Court Roll to allow both parties adequate time to prep…
Source excerpt
- Motion Court Procedure
- Postponement
- Costs In The Cause
- Unopposed Vs Opposed Roll