Summary
Summary Unit 3 LCVP
- Course
- LCVP4814 (LCVP4814)
- Institution
- University Of The Freestate (UFS)
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Page |1STAGE TWO: LITIGATION: APPLICATIONS
PART A: GENERAL PRINCIPLES
HC and MC applicatio papers consist of a notce of oton together with an afdadit
known as the founding afdaditi
This ay be supple ented with a nu ber of supportng afdadits atached as
annexuresi
GENERAL PRINCIPLES
Io io oitce applicatios-the respondent is giden the required nu ber of days’ notce
that the applicaton is brought on a set datei
Ex parte applicatios are one in which –usually urgent aters-notce is NOT gideni
The third type if applicatio is that if INTERLOCUTORY applicatios which are briught
duriog the litgation
UNIFORM RULE 6
APPLICATIONS
B6n1Iotriductio Historically, applicaton proceedings could hade been initated either
by notce of oton or by petton which depended upon statutory prodisions and local
court practcei uring 1976, howeder, pettons, which were then generally in use only
where specially prescribed by statute, were abolishedi
As a result, rule 6(3) beca e redundanti Edery applicaton ust now be brought on
notce of oton supported by an afdadit as to the facts upon which the applicant relies
for reliefi
In essence an applicaton enco passes pleadings and edidence, all rolled in onei
The afdadits take the place of the pleadings and the edidence: they for ulate the
issues of fact between the partes and contain the edidence upon which each wishes to
relyi The hearing of an applicaton is therefore confned to argu ent on the papersi
A plainti who wishes to hade the issue of liability decided before e barking on
quantfcaton, can clai a declaratory order to the eiect that the defendant is liable,
and pray for an order that the quantfcaton stand oder for later adjudicatoni This can
be done by way of applicatoni
Before a credit prodider insttutes proceedings where a consu er is in default under a
credit agree ent care ust be taken to co ply with the prodisions of secton 119 of the
Natonal Credit Act 34 of 100.i
, Page |2
B6n2Kiods if applicatiosThere are diierent kinds of applicatons:
ex parte applicatonss;
applicatons on notces;
interlocutory applicatonss;
urgent applicatonss;
interi atri onial applicatons under rule 43s; and
rediew applicatons under rule .3i
The concept “applicatonn is a wide one and rule 6 can be e ployed for insttutng
proceedings in ter s of diierent statutes, so et es eden ad inistratde appealsi
It does not, howeder, coder applicatons for su ary judg ent or judg ent by
defaulti
Rediew applicatons, although they should ordinarily be brought under rule .3, ay,
depending on the circu stances, be brought under rule 6i
Statutes ofen require of partes to ake an applicaton within a specifc t e li iti The
concept of “ akingn an applicaton indoldes the fling of the applicaton with the registrar
and the serding of the applicaton on the other partyi Unless both steps hade been taken,
the applicaton was not “ adeni
Nitce if Mitio
B6n3 Rule 6(1)
Sade where proceedings by way of petton are prescribed by law, edery
applicaton ust be brought on notce of oton supported by an afdadit
as to the facts upon which the applicant relies for reliefi
[Substtuted by GG 3971. of 19 February 1016 – Regulatin Gazete 10.66,
Vol 608i]
Nitce if mitio
B6i4
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