lOMoAR cPSD| 8845461
CIVIL PROCEDURE
Textbook & More
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Civil Procedure: A Practical Guide.
Authors: Stephen Pete; D. Hulme; M. Du Plessis
& R. Palmer
3rd Edition & Summary Notes
Disclaimer
Extreme care has been used to create this document, however the contents are provided as is without any
representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the
contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part
of this document may be reproduced, resold or transmitted in any form or by any means.
lOMoAR cPSD| 8845461
,Page 1 of 751
,Page 2 of 751
, Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide.
Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries.
Published in South Africa by
Oxford University Press Southern Africa (Pty) Limited
Vasco Boulevard, Goodwood, N1 City, Cape Town, South Africa, 7460
P O Box 12119, N1 City, Cape Town, South Africa, 7463
© Oxford University Press Southern Africa (Pty) Ltd
The moral rights of the author have been asserted.
Second Edition – Fifth impression 2013
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form
or by any means, without the prior permission in writing of Oxford University Press Southern Africa (Pty) Ltd, or as
expressly permitted by law, by licence, or under terms agreed with the appropriate reprographic rights organisation,
DALRO, The Dramatic, Artistic and Literary Rights Organisation at . Enquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press Southern
Africa (Pty) Ltd, at the above address.
You must not circulate this work in any other form and you must impose this same condition on any acquirer.
Civil Procedure: A Practical Guide
Print ISBN: 978-0-190411-26-8
ePUB ISBN: 978-0-190412-24-1
Third edition 2016
Acknowledgements
Publisher: Penny Lane
Development editor: Melissa De Grill
Project manager: Lindsay-Jane Lücks
Editor: Revenia Andra Abrahams
Indexer: Michel Cozien
Proofreader: Language Mechanics
Typesetter: Orchard Publishing
The authors and publisher gratefully acknowledge permission to reproduce copyright material in this book. Every effort
has been made to trace copyright holders, but if any copyright infringements have been made, the publisher would be
grateful for information that would enable any omissions or errors to be corrected in subsequent impressions.
Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any
responsibility for the materials contained in any third party website referenced in this work.
Page 3 of 751
, Contents in brief
GENERAL INTRODUCTION
STAGE ONE: BEFORE LITIGATION
PART 1: PRELIMINARY QUESTIONS
ACAUSE OF ACTION
BLOCUS STANDI
CJURISDICTION
PART 2: PRE-LITIGATION ISSUES
ADEMAND
BCALCULATION OF TIME LIMITS
CSERVICE OF LEGAL DOCUMENTS
DACTION OR APPLICATION?
STAGE TWO: LITIGATION
PART 1: APPLICATIONS
INTRODUCTION
AGENERAL PRINCIPLES
BON NOTICE APPLICATIONS
CEX PARTE APPLICATIONS
PART 2: ACTIONS
INTRODUCTION
APLEADINGS
BPRE-TRIAL PROCEDURES
CTRIAL
DJUDGMENT, INTEREST AND COSTS
STAGE THREE: AFTER LITIGATION
PART 1: APPEALS AND REVIEWS
INTRODUCTION
AAPPEALS
BREVIEWS
PART 2: DEBT COLLECTION PROCEDURES
INTRODUCTION
AWRITS AND WARRANTS OF EXECUTION
BSECTION 65 PROCEDURE
CADMINISTRATION ORDERS
Page 4 of 751
CIVIL PROCEDURE
Textbook & More
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Civil Procedure: A Practical Guide.
Authors: Stephen Pete; D. Hulme; M. Du Plessis
& R. Palmer
3rd Edition & Summary Notes
Disclaimer
Extreme care has been used to create this document, however the contents are provided as is without any
representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the
contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part
of this document may be reproduced, resold or transmitted in any form or by any means.
lOMoAR cPSD| 8845461
,Page 1 of 751
,Page 2 of 751
, Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide.
Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries.
Published in South Africa by
Oxford University Press Southern Africa (Pty) Limited
Vasco Boulevard, Goodwood, N1 City, Cape Town, South Africa, 7460
P O Box 12119, N1 City, Cape Town, South Africa, 7463
© Oxford University Press Southern Africa (Pty) Ltd
The moral rights of the author have been asserted.
Second Edition – Fifth impression 2013
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form
or by any means, without the prior permission in writing of Oxford University Press Southern Africa (Pty) Ltd, or as
expressly permitted by law, by licence, or under terms agreed with the appropriate reprographic rights organisation,
DALRO, The Dramatic, Artistic and Literary Rights Organisation at . Enquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press Southern
Africa (Pty) Ltd, at the above address.
You must not circulate this work in any other form and you must impose this same condition on any acquirer.
Civil Procedure: A Practical Guide
Print ISBN: 978-0-190411-26-8
ePUB ISBN: 978-0-190412-24-1
Third edition 2016
Acknowledgements
Publisher: Penny Lane
Development editor: Melissa De Grill
Project manager: Lindsay-Jane Lücks
Editor: Revenia Andra Abrahams
Indexer: Michel Cozien
Proofreader: Language Mechanics
Typesetter: Orchard Publishing
The authors and publisher gratefully acknowledge permission to reproduce copyright material in this book. Every effort
has been made to trace copyright holders, but if any copyright infringements have been made, the publisher would be
grateful for information that would enable any omissions or errors to be corrected in subsequent impressions.
Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any
responsibility for the materials contained in any third party website referenced in this work.
Page 3 of 751
, Contents in brief
GENERAL INTRODUCTION
STAGE ONE: BEFORE LITIGATION
PART 1: PRELIMINARY QUESTIONS
ACAUSE OF ACTION
BLOCUS STANDI
CJURISDICTION
PART 2: PRE-LITIGATION ISSUES
ADEMAND
BCALCULATION OF TIME LIMITS
CSERVICE OF LEGAL DOCUMENTS
DACTION OR APPLICATION?
STAGE TWO: LITIGATION
PART 1: APPLICATIONS
INTRODUCTION
AGENERAL PRINCIPLES
BON NOTICE APPLICATIONS
CEX PARTE APPLICATIONS
PART 2: ACTIONS
INTRODUCTION
APLEADINGS
BPRE-TRIAL PROCEDURES
CTRIAL
DJUDGMENT, INTEREST AND COSTS
STAGE THREE: AFTER LITIGATION
PART 1: APPEALS AND REVIEWS
INTRODUCTION
AAPPEALS
BREVIEWS
PART 2: DEBT COLLECTION PROCEDURES
INTRODUCTION
AWRITS AND WARRANTS OF EXECUTION
BSECTION 65 PROCEDURE
CADMINISTRATION ORDERS
Page 4 of 751