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Questions and Answers
What is required for a new cause of action to be allowed in amendments?
What is required for a new cause of action to be allowed in amendments?
What conditions must be met for an amendment that withdraws an admission?
What conditions must be met for an amendment that withdraws an admission?
Under what circumstance will a court allow amendments that change parties involved?
Under what circumstance will a court allow amendments that change parties involved?
What is a key reason that courts will deny amendments intended to overcome prescription?
What is a key reason that courts will deny amendments intended to overcome prescription?
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What must be done if a party objects to a notice of amendment?
What must be done if a party objects to a notice of amendment?
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What must be demonstrated when seeking leave to amend pleadings from the court?
What must be demonstrated when seeking leave to amend pleadings from the court?
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Which principle is primarily considered when a court decides to grant or refuse an amendment?
Which principle is primarily considered when a court decides to grant or refuse an amendment?
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What is one ground upon which a court may refuse an amendment?
What is one ground upon which a court may refuse an amendment?
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Formal amendments are typically allowed for which of the following reasons?
Formal amendments are typically allowed for which of the following reasons?
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In the case of Moolman v Estate Moolman and Another, what is noted as a reason an amendment might be refused?
In the case of Moolman v Estate Moolman and Another, what is noted as a reason an amendment might be refused?
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What is meant by a 'bona fide' amendment?
What is meant by a 'bona fide' amendment?
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What can be a remedy for prejudice caused by an amendment according to the courts' principles?
What can be a remedy for prejudice caused by an amendment according to the courts' principles?
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When an amendment clarifies an ambiguity in a dispute, what is typically the outcome?
When an amendment clarifies an ambiguity in a dispute, what is typically the outcome?
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Study Notes
Amendment of Pleadings
- Rules governing amendments are found in both High Court Rule (HCR) 28 and Magistrates' Court Rule (MCR) 55A, as well as MCR 7 and Section 111 of the Magistrates' Court Act.
- Amendments can be made with consent from the opposing party.
- If a party seeks leave to amend from the court, they must provide a reasonable explanation for it.
- The court will consider whether the proposed amendment is bona fide or mala fide, and whether it would cause prejudice to the opposing party.
- The court may grant or refuse the amendment after hearing both parties.
- Key principle: Amendments are generally allowed as long as they are not made in bad faith and don't cause undue prejudice to the other side that can't be compensated by costs.
Grounds for Refusal or Granting an Amendment
- Malafide or Bona Fide: The court considers whether the amendment is being made in good faith or with bad intentions.
- Prejudice to Opposing Party: The court will determine whether the proposed amendment could harm the other party's case.
- Remediation of Prejudice: If prejudice exists, the court may order costs or a postponement to mitigate the harm.
Types of Amendments
- Formal Amendments: Corrections to spelling, grammar, incorrect party descriptions, and clerical errors are commonly allowed.
- Clarifying True Dispute: Amendments that remove ambiguity and accurately represent the factual dispute are generally allowed.
- New Cause of Action or Defence: Amendments introducing new legal claims or defenses are permitted if they are made in good faith and accurately reflect the true issues.
- Withdrawal of Admission: Amendments that withdraw previous admissions are typically not granted because of the prejudice caused and potential inability to cure it through costs.
- Substituting Parties: Amendments that change the involved parties are allowed if done in good faith and without causing prejudice.
- Prescription: The court won't allow amendments to overcome the statute of limitations (prescription).
- Jurisdiction: Amendments that alter the court's jurisdiction aren't allowed.
- Excipiable Issues: Amendments addressing issues that are subject to a special pleading known as an exception are generally not permitted.
- Appeal: Amendments are not allowed on appeal, except in extremely rare circumstances.
Procedure for Amending Pleadings
- Amendments can be made at any stage before judgment.
- A notice to amend must be delivered to the opposing party.
- The notice states that the amendment will be implemented unless objections are raised.
- Objections to the notice must be made within ten days of service.
- The objection must clearly state the grounds for opposing the amendment.
- If no objection is received, the amended pleadings are served after the notice period.
- The opposing party has 15 days to amend their own pleadings after the notice period.
- If the objection is deemed vexatious and frivolous, costs may be awarded against the opposing party.
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Description
This quiz covers the rules regarding amendments of pleadings as outlined in High Court and Magistrates' Court rules. Key considerations include the necessity of consent, the court's evaluation of good faith versus bad faith, and the potential prejudice to the opposing party. Test your understanding of these vital legal principles!
