Uniform Rule 33 Archives

Separating legal issues: When inconvenient?

by GilesFiles | Aug 5, 2025 | 2020 onwards, AB - Law generally, Applications, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, Delict, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Rules Codes & Manual, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Extinctive prescription examined: Mental incapacity

by GilesFiles | Feb 17, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Delict, Exceptions/special pleas, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Private enterprises, Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, Trade | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Privileged occasion not statement: Defamation proved

by GilesFiles | Apr 28, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Delict, Dignity equality freedom, Disputes: factual, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, Stated case, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

High court proceedings: Pleadings joinder costs

by GilesFiles | Nov 29, 2021 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, HC Uniform, High Court, High Court judges, Interpretation etc, Irregular proceeding, Joinder, Judges, Legal Practice, Orders, Parties, Private enterprises, Roland Sutherland, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

Hlophe JP v Freedom Under Law In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

Discovering restraint documents: Uniform Rule 35 notice

by GilesFiles | Oct 14, 2021 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Condonation, Courts, Declaratory, Disallowed, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Baard v Allem On appeal a full bench of the high court considered an issue relating to discovering documents concerning a trade restraint and decided that there was no basis to interfere with the discretion exercised by the...

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Exceptions/special pleas, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, M Madlanga, Orders, Parties, Provincial, Res judicata (issue estoppel), Sectors, State organs, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Separating legal issues: Leave to appeal refused

by GilesFiles | Feb 12, 2021 | 2020 onwards, Applications, Causes and defences, Courts, Exceptions/special pleas, General, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Rules Codes & Manual, Topics | 0 |

Phatshoane Henney Attorneys v Trollip In separating legal issues high court cited authority for deciding that convenience must be demonstrated and sufficient information must be placed before the court to enable it to exercise...

Malicious proceedings claim: Prescribed cause of action?

by GilesFiles | Nov 5, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Delict, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Rules Codes & Manual, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

Holden v Assmang Ltd SCA interpreted s12(1) of the Prescription Act and confirmed that a debt is only due, owing and payable and a complete cause of action was only acquired when the complaint of gross breach of professional...

Case management directions: Separation and discovery

by GilesFiles | Jul 31, 2020 | 2020 onwards, A G Binns-Ward, Applications, Banks, Causes and defences, Courts, Delict, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Parol evidence rule: Remains part of SA law

by GilesFiles | Dec 3, 2018 | 2018, Causes and defences, Construction industry, Courts, Evidence & onus, HC Uniform, Interpretation etc, Judges, Legal Practice, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: Uniform Rule 33