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Questions and Answers
What is the purpose of applying to strike out affidavits containing inadmissible evidence?
What is the purpose of applying to strike out affidavits containing inadmissible evidence?
An application on notice is filed when someone's final rights are not affected.
An application on notice is filed when someone's final rights are not affected.
False
According to the court's procedure, what may happen if a real dispute of fact has arisen?
According to the court's procedure, what may happen if a real dispute of fact has arisen?
The court may refer aspects of the matter for oral evidence.
In ex parte applications, an applicant must act in the utmost _____ with the court.
In ex parte applications, an applicant must act in the utmost _____ with the court.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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What is an ex-parte application?
What is an ex-parte application?
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Interlocutory applications initiate litigation.
Interlocutory applications initiate litigation.
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What must an applicant disclose in an urgent application?
What must an applicant disclose in an urgent application?
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A notice of application serves the same function as a ______ in the action process.
A notice of application serves the same function as a ______ in the action process.
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Match the application types with their descriptions:
Match the application types with their descriptions:
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Study Notes
Writing out Inadmissible Evidence
- If a matter contains inadmissible evidence (on grounds mentioned), opponent may apply to have it struck out as evidence
- Court test: applicant will be prejudiced if request not granted
- App to strike out = example of interlocutory/ interim application
Applications on Notice
- Generally: when someone's final rights are affected by order
- Steps/Sequence:
- Notice of motion
- Applicant's founding & supporting affidavits
- Respondent's notice to oppose
- Applicant's replying affidavit
- Setting down matter for hearing
- Hearing
Court Orders: Final Orders & Rule Nisi
- Final order => if no other person's rights affected & papers are in order
- When, in court's opinion, an ex parte may affect someone else's rights
- Court issues applying rule nisi
- Rule nisi involves a temporary order w/ a return date on which is may advance reasons why order not be made final.
- Thus, where temporary interim relief needed, court may grant it together w/ a rule nisi
- Here, order operates against res until order made final or dismissed on return date
Ex Parte Applications
- Any person w/ interest in ex parte app may apply for consent to intervene
- In form of motion
- Notice given to applicant who may oppose intervention through
- Umost good faith ex parte:
- For proper admin of justice, applicant in ex parte, particularly duty to be completely open & honest w/ court, revealing all facts relevant which may influence court's decision
- Even if such info prejudices own case
- Breach of good faith = harmful consequences (cost order or disciplinary repeal)
Ex Parte applications in HC brought in FFG around
- Applicant only interested person in relief claimed
- Relief claimed = preliminary step in proceedings
- Notice of relieve such that notice will defeat purpose of app
- Immediate relief needed bc harm is imminent, eg. ship as unpaid lien for services about to leave
Optional further steps in applications
- Counter app when res wants more than the dismissal of app w rule 42
- Answering app of appl then usually serves as founding aff for the counter app
- Main app => in conventic
- Counter app => in reconvention
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Description
This quiz explores the critical procedures involved in handling inadmissible evidence, making applications on notice, and understanding final orders and rule nisi. Test your knowledge on the steps and impacts these legal processes may have on court proceedings.
