Pleadings
NOTICE OF MOTION (APPOINTMENT OF CURATOR AD LITEM)
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- Bu səhifədəki naviqasiya:
- DRAFT ORDER
- FOUNDING AFFIDAVIT
- 3.2 The driver of the vehicle with registration number ABC 123 GP was negligent in the following aspects
- LETTER OF CONSENT
- NOTICE OF SET DOWN
- DEED OF SETTLEMENT
NOTICE OF MOTION (APPOINTMENT OF CURATOR AD LITEM)_____________________________________________________________________________ Be pleased to take notice that the applicant intends to make application on ______________ at 10:00 or as soon thereafter as counsel for the applicant may be heard for an order in the following terms: 1. That Cicero Nel be appointed as curator ad litem for the patient, Jack Hill. 2. That the curator ad litem be authorised to act as set out in annexure “A” hereto. 3. Further and/or alternative relief.
Johannes Voet Attorneys Attorneys for Applicant Kirkness Street 431 Sunnyside Pretoria
Pretoria AND TO: The Master of the High Court Pretoria
38 Ida Street Menlo Park Pretoria
Received copy hereof this ______ day of _______________ 2006 ____________________________ RAF
EXAMPLE 35 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the ex parte application of: JILL HILL Applicant in re: JACK HILL Patient (hereinafter referred to as “the patient”) for the appointment of a curator ad litem _____________________________________________________________________________ DRAFT ORDER_____________________________________________________________________________ After hearing the advocate on behalf of applicant and after reading the papers, the following terms are made an order of court: 1. That Cicero Nel, an advocate of the Pretoria Bar, be appointed as curator ad litem for and on behalf of Jack Hill. 2. That the curator ad litem is authorised to: 2.1 Take all necessary steps and take all steps that is necessary for institution of an action arising from a collision on 1 March 2006; 2.2 Ratify all steps taken and all actions done on behalf of the patient in respect of the action; 2.3 Sign all documents necessary for the institution, procurement and completion of the third party action as aforementioned. 2.4 To initiate such negotiations in settlement of the action with a view to finalising the action to the advantage of the patient. Provided that the curator ad litem will not have the authority to settle the claim on behalf of the plaintiff without the prior consent of a judge obtained in open court or in chambers. 2.5 To report to the court regarding the appointment of a curator bonis for the
3. Costs reserved. By order of Court ________________________ REGISTRAR ANNEXURE A 1. That the curator ad litem is authorised to: 1.1 Take all necessary steps and take all steps that is necessary for institution of an action arising from a collision on 1 March 2006; 1.2 Ratify all steps taken and all actions done on behalf of the patient in respect of the action; 1.3 Sign all documents necessary for the institution, procurement and completion of the third party action as aforementioned. 1.4 To initiate such negotiations in settlement of the action with a view to finalising the action to the advantage of the patient. Provided that the curator ad litem will not have the authority to settle the claim on behalf of the plaintiff without the prior consent of a judge obtained in open court or in chambers. 1.5 To report to the court regarding the appointment of a curator bonis for the
TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the ex parte application of: JILL HILL Applicant in re: JACK HILL Patient (hereinafter referred to as “the patient”) for the appointment of a curator ad litem _____________________________________________________________________________ FOUNDING AFFIDAVIT_____________________________________________________________________________ I, the undersigned JILL HILL hereby make oath and declare as follows: 1. 1.1 I am the applicant in this matter, an adult female pharmacist resident at 20 Queens Crescent, Lynnwood, Pretoria.
2. I am married to the patient, Jack Hill, identity number ……………………. as confirmation thereof I attach copy of marriage certificate marked annexure AA. 3. AD BACKGROUND: 3.1 The patient was involved in a motor vehicle accident on 1 March 2006 while he was a passenger in a motor vehicle with registration number XYZ 456 GP, driven by myself. The accident occurred at the corner of King and Queen Streets Pretoria when the aforementioned vehicle collided with another vehicle with registration number ABC 123 GP. 3.2 The driver of the vehicle with registration number ABC 123 GP was negligent in the following aspects:a) he failed to keep a proper look-out;b) he drove at a speed in excess of the speed limit.I refer the court to the assessor’s report attached hereto marked annexure A.4. 4.1 I humbly refer the Honourable Court to annexure B hereto, being a medical report of Dr F Erasmus of the Eugene Marais Hospital c/o 5th Avenue and Fred Nicholson Street, Les Marais, Pretoria wherein the said Dr Erasmus comments on the patient’s brain injuries. 4.2 I further wish to refer the court to annexure C hereto being the medical legal report of Drs Lamprecht, Greeff and partners, radiologists at the Eugene Marais Hospital wherein the patient’s head injuries are also mentioned. 4.3 I further wish to refer the Honourable Court to annexure D hereto being a report by Wilma Van der Watt, an occupational therapist, practising at 31 Sycamore Street, Zwartklip, Centurion.
A claim has been filed at the Road Accident Fund on behalf of the patient and I wish to refer the court to annexure E hereto, being the aforementioned claim form. 6. In view of the content of the annexures referred to above, it is my humble submission that it is desirable and necessary that a curator ad litem be appointed. 7. It is then also the purpose of this application and I humbly refer the Honourable Court to annexure F hereto, being a letter of consent by advocate Cicero Nel of the Pretoria Bar. 8. I humbly submit that the patient’s condition is such that he is unable to handle his own affairs and I consequently request that the Honourable Court grant an order as set out in the notice of motion. Signed and sworn to at Pretoria on ________________________ by the deponent who has stated that: a He/She knows and understands the contents hereof and that it is true and correct; b He/She has no objection to taking the prescribed oath; and c That he/she regards the prescribed oath as binding on his/her conscience.
COMMISSIONER OF OATHS: SIGNATURE FULL NAMES: CAPACITY: AREA: BUSINESS ADDRESS:
TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the ex parte application of: JILL HILL Applicant in re: JACK HILL Patient (hereinafter referred to as “the patient”) for the appointment of a curator ad litem ___________________________________________________________________________ LETTER OF CONSENT___________________________________________________________________________ I, the undersigned ADVOCATE CICERO NEL Confirm herewith that I am prepared and available to serve as curator ad litem for the injured Jack Hill. I am a member of the Pretoria Bar and practise as advocate at 1408 New Court Chambers, 115 Paul Kruger Street, Pretoria, Gauteng.
C Nel
EXAMPLE 38 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION
(hereinafter referred to as “the patient”) for the appointment of a curator ad litem _____________________________________________________________________________ NOTICE OF SET DOWN___________________________________________________________________________ Kindly take notice that the above matter is set down for hearing on __________________ at _________________ or as soon thereafter as counsel for the applicant may be heard. Dated at Pretoria on this ___________ day of ________________ 2006 ___________________________ Johannes Voet Attorneys Attorneys for Applicant Kirkness Street 431 Sunnyside Pretoria
TO: The Registrar of the Court Pretoria
38 Ida Street Menlo Park Pretoria Received copy hereof this ______ day of _______________ 2006
RAF
AND TO: Master of High Court Pretoria EXAMPLE 39 COMBINED
SUMMONS Case number: IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION In the matter between: CICERO NEL N.O. Plaintiff and THE ROAD ACCIDENT FUND Defendant To the sheriff: PRETORIA EAST Inform The Road Accident Fund, a legal persona instituted as such and endowed with legal personality in terms of the provisions of section 2 of the Road Accident Fund Act, Act 56 of 1996 as amended (hereafter the 1996 Act) with main place of business within the area of jurisdiction of the above honourable court at RAF Building, 38 Ida Street, Menlopark, Pretoria, Gauteng, (hereafter the defendant) that Cicero Nel, an adult male practising advocate of New Court Chambers, Pretoria, who is acting herein in his capacity as duly appointed curator ad litem for Jack Hill, an unemployed adult male born on 26 June 1968 (hereafter “the patient”) Hereby institutes an action against defendant in terms whereof plaintiff claims the legal relief indicated in the attached particulars of claim, on the grounds set out therein. Further notify the defendant that if the defendant disputes the action and wishes to defend same, defendant must (i) Within 10 (ten) days after service upon defendant of this summons, file with the Sheriff of the High Court, corner Paul Kruger and Vermeulen Streets, Pretoria, a notice of defendant’s intention to defend and serve a copy thereof on plaintiff’s attorney, wherein an address as intended in Rule 19(3) is given for the purpose of service on defendant of all notices and documents in the action. (ii) Thereafter, and within 20 (twenty) days after entering and serving the notice of intention to defend as aforesaid with the sheriff, enter a plea, exception, notice of motion for striking out, with or without a counterclaim and serve same on the plaintiff. Further inform the defendant that if the defendant fails to enter or serve a notice as aforesaid, judgment can be requested and granted against the defendant without further notice to the defendant or if he/she fails to plea, except, apply for striking out or institute a counterclaim after entering a notice of intention to defend, judgment can also be granted against the defendant. And immediately thereafter serve a copy of this summons on the defendant and deliver the original to the Registrar together with a return of what you did with same. Signed at Pretoria on __________________ day of March 2006 ____________________________ Registrar of the High Court Pretoria
Signed: Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria ____________________________________________________________________________ PARTICULARS OF CLAIM ____________________________________________________________________________ 1. The plaintiff is Cicero Nel, a practising advocate at New Court Chambers, Pretoria, acting in his capacity as duly appointed curator ad litem for Jack Hill, an unemployed adult male born on 26 June 1968 (the patient). 2. The defendant is the Road Accident Fund, a legal persona instituted as such and endowed with legal personality in terms of the provisions of section 2 of the Road Accident Fund Act, Act 56 of 1996 as amended (the 1996 Act) with main place of business within the area of jurisdiction of the above honourable court at RAF Building, Ida Street 38, Menlopark, Pretoria, Gauteng. 3. On 1 March 2006 on the corners of King and Queen Streets, Pretoria, a collision occurred between a motor vehicle with registration number XYZ 456 GP driven by Jill Hill and a motor vehicle with registration number ABC 123 GP (hereafter referred to as the insured vehicle) there and then driven by Jim Swift (hereafter referred to as the insured driver). At the time of the incident the patient was a passenger in the vehicle with registration number XYZ 456 GP. 4. The aforementioned collision has been caused by the exclusive negligence of the insured driver, who was negligent in one, more or all of the following aspects: 4.1 he failed to keep a proper look-out; 4.2 he drove his vehicle at a speed that exceeded the speed limit. 5. As a result of the aforementioned collision, the patient sustained the following physical injuries: 5.1 Lacerations to right knee and both legs; 5.2 Skull fracture; 5.3 Fracture of base of skull; 5.4 Facial fractures; 5.5 Bruising of his neck. 6. As a result of the injuries that the patient sustained in the aforementioned accident: 6.1 He received medical treatment in a hospital; 6.2 He will have to receive medical treatment, aids and other specialised services in the future; 6.3 He suffered loss of amenities; 6.4 He suffered pain and discomfort that will probably continue in future; 6.5 He suffered emotional trauma and shock that will probably continue in future.
In the circumstances the patient sustained personal damages in an amount of R942 267-05, which amount is calculated as follows: 7.1 Past hospital expenses R155 246-85 7.2 Past medical expenses R 37 020-20 7.3 Future medical expenses R200 000-00 7.4 Future loss of earnings earning capacity R400 000-00 7.5 General damages for pain and suffering, discomfort, incapacity, loss of amenities and bodily mutilation (which amount cannot be practically subdivided and is claimed as a global amount) R150 000-00 TOTAL R942 267-05 8. Prior to the institution of this action the patient complied with the provisions of section 62 of the Act, alternatively the patient is deemed to have so complied in terms of the provisions of section 62(e), and the period prescribed by section 63(a) has since prescribed. 9. The incident in which the patient’s damage was caused, occurred in the area of jurisdiction of the above honourable court. The defendant’s main place of business is also situated within the area of jurisdiction of the above honourable court. 10. In the aforementioned premises, the defendant is liable to pay the abovementioned amount to plaintiff, but despite demand defendant has to date failed to pay such amount or any part thereof to plaintiff. Wherefore plaintiff claims: a) Payment of the amount of R942 267-05. b) Should the defendant fail to pay the aforementioned amount or any part thereof within 14 (fourteen) days from date of judgment, then such amount will bear interest at a rate of 15,5% per year calculated from the date of judgment to the date of payment thereof. c) Cost of suit. d) Should the defendant fail to pay the plaintiff’s taxed costs within 7 (seven) days from receipt of the signed allocatur of the bill of costs, such legal costs will bear interest at a rate of 15,5% per year calculated from and including the date of the signing of the allocatur of the bill of costs to date of payment. e) Further and/or alternative relief. ____________________________ Johannes Voet Attorneys for Plaintiff Admitted in terms of section 4(2) of Act 62 of 1995 431 Kirkness Street Sunnyside Pretoria
EXAMPLE 40 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 RETURN OF SERVICE In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and THE ROAD ACCIDENT FUND Defendant Nature of process: COMBINED SUMMONS
DEPUTY SHERIFF FROM: CF NEL
P O Box 714, Pretoria, 0001 Telephone Nr. (012) 326-2305 Fax Nr. (012) 326-2397 Email address: shefeast@m-web.co.za VAT Reg Nr. 4790168993 Compiler: Mrs/10 TO: The Sheriff of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside, Pretoria
IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION
____________________________________________________________________________ NOTICE OF INTENTION TO DEFEND ____________________________________________________________________________ Kindly take notice that the Defendant, the Road Accident Fund, with principal place of business at 38 Ida Street, Menlopark, Pretoria hereby gives notice of its intention to defend the above action. And further take notice that the Defendant hereby appoints the undermentioned address of his attorneys for the service on it of all documents in the said action. Dated at Pretoria on this the ____________ day of June 2006 ____________________________ Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria To: The Registrar of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria Received copy hereof this ______ day of _______________ 2006
Attorneys for Plaintiff EXAMPLE 42 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ NOTICE IN TERMS OF RULE 36(4) ____________________________________________________________________________ Kindly take notice that the Defendant requires of Plaintiff, insofar as Plaintiff is in position to do so, to make available within 10 (ten) days from the date hereof, medical records, hospital records, x-rays photographs, or other documentary information of a like nature relevant to the assessment of such damages and to provide copies thereof upon request. Dated at Pretoria on this the ____________ day of June 2006 ____________________________ Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
Received copy hereof this ______ day of _______________ 2006 ____________________________ Attorneys for Plaintiff EXAMPLE 43 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between:
____________________________________________________________________________ Be pleased to take notice that Defendant tenders in full and final settlement and solely without prejudice and admission of liability to settle the Plaintiff’s claim in his capacity as curator ad litem for Jack Hill (the patient) to pay to Plaintiff the amount of R25 000 (Twenty Five Thousand Rand) within 15 (fifteen) days after acceptance of this tender by Plaintiff.
____________________________ Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria To: The Registrar of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria Received copy hereof this ______ day of _______________ 2006 ____________________________ Attorneys for Plaintiff
IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ REPLY TO NOTICE IN TERMS OF RULE 36(4) ____________________________________________________________________________ Kindly take notice that Plaintiff herewith, in accordance with Rule 36(4), provide a list of medical reports, hospital records and other documentary information that may be relevant to the determination of the quantum of plaintiff’s claim against defendant.
1. Form 1 dated 1 March 2006; 2. Drs Lamprecht, Greeff and Partners dated 1 March 2006; 3. Drs Lamprecht, Greeff and Partners dated 2 March 2006; 4. Drs Lamprecht, Greeff and Partners dated 3 March 2006; 5. Wilma Van der Walt dated 22 June 2006; 6. Daphne Beukes dated 7 July 2006.
Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
And to: Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
day of _______________ 2006 ____________________________ Attorneys for Defendant EXAMPLE 45 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and JIM SWIFT Defendant ____________________________________________________________________________ DEFENDANT’S PLEA ____________________________________________________________________________ The Defendant pleads as follows to the Plaintiff’s particulars of claim:
1.1 The Defendant admits that the Plaintiff was appointed as the curator ad litem for the patient who was born on 26 June 1968. 1.2 Defendant has no knowledge of the further allegations contained in this paragraph cannot admit or deny same and puts the Plaintiff to the proof thereof.
The allegations contained in this paragraph are admitted. 3. AD PARAGRAPH 3 THEREOF: 3.1 The Defendant admits that on 1 March 2006 an incident occurred which involved motor vehicle bearing registration letters and numbers XYZ 456 GP driven by Jill Hill and motor vehicle ABC 123 GP driven by Jim Swift. 3.2 Each and every further allegation contained in this paragraph is denied and the Defendant puts the Plaintiff to the proof thereof. 4.
4.1 The Defendant denies each and every allegation contained in this paragraph as if specifically traversed and puts the Plaintiff to the proof thereof. 4.2 In the event of the above Honourable Court finding that a collision occurred as alleged by Plaintiff and that the driver of motor vehicle ABC 123 GP was negligent as alleged by the Plaintiff, which is still denied, then and in that event the Defendant denies that such negligence caused or contributed to the collision. 4.3 In the alternative to paragraphs 4.1 and 4.2 above and in the event of it being held by the above Honourable Court that a collision occurred as alleged by Plaintiff and that the driver of motor vehicle ABC 123 GP was negligent and that such negligence caused or contributed to the collision, all of which is still denied, then and in that event the Defendant pleads that: 4.3.1 The patient at all material times negligently failed to make use of a seat belt which was at all reasonable times available for use by the patient in motor vehicle XYZ 456 GP and in such circumstances in which he reasonable ought to have made use of such seat belt; 4.3.2 The aforesaid negligent omission by the patient was a cause of or contributed to the extent of the injuries which he sustained in the collision abovementioned.
5.1 The Defendant has no knowledge of the extent of the injuries allegedly sustained by the patient or the amount of damages allegedly suffered by the Plaintiff, does not admit or deny them and puts Plaintiff to the proof thereof. 5.2 The Defendant has no knowledge of the further allegations contained in this paragraph, does not admit or deny same and puts the Plaintiff to the proof thereof.
Defendant denies each and every allegation contained in this paragraph and puts Plaintiff to the proof thereof. 7.
The Defendant admits the allegations contained in this paragraph. 8. AD PARAGRAPH 10 THEREOF: 8.1 The Defendant denies being liable to pay to Plaintiff the amount claimed or any other amount and puts Plaintiff to the proof thereof. 8.2 The Defendant denies every further allegation contained in this paragraph and puts the Plaintiff to the proof thereof.
Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
Received copy hereof this ______ day of _______________ 2006 ____________________________ Attorneys for Plaintiff EXAMPLE 46 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ NOTICE OF APPLICATION FOR A TRIAL DATE ____________________________________________________________________________ Kindly take notice that the Plaintiff herewith applies for a trial date in the above matter and will simultaneously herewith make an inscription into the register of applications for trial date held by the Registrar of the above court.
Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
day of _______________ 2006
Attorneys for Defendant EXAMPLE 47 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ NOTICE OF SET DOWN Be pleased to set the above matter down for trial on ____________ day of ________________ 2006 at 10:00 or as soon thereafter as Counsel may be heard. Dated at Pretoria on this the ____________ day of __________________2006 ___________________________ Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
day of _______________ 2006
Attorneys for Defendant EXAMPLE 48 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006
____________________________________________________________________________ NOTICE IN TERMS OF RULE 35(1) ____________________________________________________________________________ Take notice that in terms of Rule 35(1) the Defendant hereby requires the Plaintiff to make discovery on oath within 20 (twenty) days of receipt hereof of all documents and tape recordings in his possession or control relating to any matter in question in this action (whether such matter is one arising between the Defendant and Plaintiff or not) or have at any time been in the possession or control of the Plaintiff.
Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
Received copy hereof this ______ day of _______________ 2006 ____________________________ Attorneys for Plaintiff EXAMPLE 49 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006
____________________________________________________________________________ NOTICE IN TERMS OF RULE 35(10) ____________________________________________________________________________ Take notice that in terms of Rule 35(10) the Defendant requires the Plaintiff to produce at the hearing of this matter the originals of all documents or tape recordings discovered by them, not being privileged documents or tape recordings.
Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
Received copy hereof this ______ day of _______________ 2006 ____________________________ Attorneys for Plaintiff EXAMPLE 50 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006
____________________________________________________________________________ NOTICE IN TERMS OF RULE 35(8) ____________________________________________________________________________ Take notice that in terms of Rule 35(8) the Plaintiff is hereby required to specify in writing, particulars of dates and parties or to any document or tape recording, intended to be used at the trial of this action on behalf of the Plaintiff.
Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
Received copy hereof this ______ day of _______________ 2006 ____________________________ Attorneys for Plaintiff EXAMPLE 51 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006
____________________________________________________________________________ NOTICE IN TERMS OF RULE 36(9)(a) ____________________________________________________________________________ Be pleased to take notice that the Plaintiff intends to call Mr Barry Grobbelaar, mechanical engineer of 285 Marais Street, Brooklyn, Pretoria, to give evidence on the Plaintiff’s behalf as an expert at the trial of the above matter.
Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
day of _______________ 2006
Attorneys for Defendant EXAMPLE 52 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ NOTICE IN TERMS OF RULE 36(10) ____________________________________________________________________________ Kindly take notice that Defendant intends to present the following documents as evidence in the trial of the above matter: 2 Colour photographs of the accident scene, marked Annexure A1 and A2 which can be inspected at the office of Defendant’s attorneys on weekdays from 08:00 to 16:00.
____________________________ Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria To: The Registrar of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria Received copy hereof this ______ day of _______________ 2006 ____________________________ Attorneys for Plaintiff
IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ NOTICE IN TERMS OF RULE 36(9)(b) ____________________________________________________________________________ Be pleased to take notice that the Defendant delivers herewith a summary of the opinion of the expert witness Mr Barry Grobbelaar (Accident Reconstruction Analyst) dated __________ October 2006 and his reasons therefor.
____________________________ Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria To: The Registrar of the High Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria Received copy hereof this ______ day of _______________ 2006
Attorneys for Plaintiff EXAMPLE 54 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ SUBPOENA ____________________________________________________________________________ To the Sheriff or his Deputy:- Notify: Jim Swift Auditor
At address: 7 Kingbolt Crescent Wapadrand Pretoria
And further notify the abovementioned person that he may under no circumstances omit to comply with this subpoena as he can otherwise expose himself to a fine of R300 (three hundred rand) or imprisonment of 3 (three) months. Dated at Pretoria on this the ____________ day of October 2006. ____________________________ Sheriff of the High Court ____________________________ Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ NOTICE IN TERMS OF RULE 36(1) & (2) ____________________________________________________________________________ Kindly take notice that defendant hereby requests that patient, Jack Hill, undergoes a medical examination at Dr Piet Noble (MBChB) at 947 General Louis Botha Avenue, Constantiapark, Pretoria at 11:00 on __________________ 2006.
a) The patient is entitled to have his own medical advisor present; b) The defendant tenders the patient’s cost for attendance of the examination in the amount of R_______________ and that defendant will bear the costs of the examination.
a) the nature of the proposed examination; b) the person who will conduct the examination; c) the place, date and time of the examination; d) the amount of costs tendered.
____________________________ Paul Grotius Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria To: The Registrar of the High Court Pretoria
And to: Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
Received copy hereof this ______ day of _______________ 2006 ____________________________ Attorneys for Plaintiff EXAMPLE 56 IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION Case Nr. 10/2006 In the matter between: CICERO NEL N.O. on behalf of JACK HILL Plaintiff and ROAD ACCIDENT FUND Defendant ____________________________________________________________________________ NOTICE IN TERMS OF RULE 36(9)(a) & 36(9)(b) ____________________________________________________________________________ Please note that the Plaintiff intends to call Dr AP Rossouw, Neurologist of Suite 516, Muelmed Hospital, Arcadia, Pretoria as an expert witness at the trial of the above matter to give evidence with regard to his reports dated 25 March 2006.
Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
To: The Registrar of the High Court Pretoria
Attorneys for Defendant 420 Kirkness Street Sunnyside Pretoria
day of _______________ 2006
Attorneys for Defendant (2) THE DIVORCE ACTION
1) Citation of parties 2) Allegation of where and when and in terms of which marriage dispensation the parties concluded a valid marriage and that such marriage still subsists 3) An allegation that the Court has jurisdiction in terms of section 2 of the Divorce Act 70 of 1979. 4) If applicable particulars must be furnished of any minor children born from the marriage between the parties. 5) An allegation regarding future custody and control of the minor children. 6) An allegation that the marriage relationship between the parties broke down irretrievably. 7) The grounds for breakdowns of the marriage. 8) Compliance with Children’s Act if there are minors involved eg parenting plan. 9) Annexure A with regard to Particulars [Regulation 2 of the Mediation in certain divorce matters regulations, (1990) Arrangements regarding dependent and minor children]. 10) Prayers
INFORM the Defendant further that if the Defendant fails to file and serve notice as aforesaid, Judgement as claimed may be given against the Defendant without further notice to the Defendant, or if having filed and served such notice, the Defendant fails to Plead, Except, make application to strike out or Counter-claim, Judgement may be given against the Defendant. AND IMMEDIATELY thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatsoever you have done thereupon. SIGNED at PRETORIA on this _____ day of JANUARY 2000. _______________________________ REGISTRAR OF THE HIGH COURT ______________________________________ VAN HEERDEN'S INCORPORATED ATTORNEYS FOR PLAINTIFF 431 KIRKNESS STREET SUNNYSIDE PRETORIA
(REF: W VAN HEERDEN) TEL.: 3445901 _____________________________________________________________________________
_____________________________________________________________________________ 1. The PLAINTIFF is BETTY BUTCHER, an adult female nurse resident at 20 WATENT CRESCENT, WAPADRAND, PRETORIA, GAUTENG. 2. The DEFENDANT is BILLY BUTCHER, an adult male doctor, resident at 20 WATENT CRESCENT, WAPADRAND, PRETORIA, GAUTENG. 3. The parties were married to each other in community of property on 1O MAY 1995 at PRETORIA, which marriage still subsists. 4. Both parties are domiciled within the jurisdiction area of the above Honourable Court. 5. From the marriage between the parties, two minor children were born: 5.1 CATE, a girl, born on 10 MAY 1996; 5.2 DUPLICATE, a girl, born on 10 MAY 1996. 6. It is in the best interests of the minor children that care and control be awarded to the Plaintiff. 7. The marriage relationship between the parties has broken down irretrievably and there are no prospects of restoring a normal marriage relationship for the following reasons: 7.1 The Defendant has an affair with TANTALIZING TINA TURNER since 10 MAY 1997, which affair is unacceptable to Plaintiff. 7.2 The Defendant abuses the Plaintiff emotionally. 7.3 There is no meaningful communication between the parties. 7.4 The parties have lost their love and affection for each other. WHEREFORE PLAINTIFF PRAYS FOR AN ORDER IN THE FOLLOWING TERMS; 1. A decree of divorce; 2. Division of the joint estate; 3. Care and control of the minor children subject to Defendant's right of reasonable access. 4. Maintenance for the minor children in the amount of R1 000,00 per month per child. 5. Cost of suit. SIGNED AT PRETORIA ON THIS THE ____ DAY OF JANUARY 2000. _________________________________ _______________________________ C M VAN HEERDEN VAN HEERDEN'S INCORPORATED ADMITTED IN TERMS OF SECTION 4(2) ATTORNEYS FOR PLAINTIFF OF ACT 62 OF 1995 431 KIRKNESS STREET SUNNYSIDE PRETORIA
(TRANSVAAL PROVINCIAL DIVISION) CASE NR. 40/2000 In the matter between BILLY BUTCHER PLAINTIFF and BETTY BUTCHER DEFENDANT ___________________________________________________________________________ DEED OF SETTLEMENT___________________________________________________________________________ WHEREAS the plaintiff issued a divorce summons against the defendant wherein she prayed, inter alia, for the following: a) A decree of divorce
d) Maintenance for the minor children in the amount of R1 000 per child per month e) Cost of suit Yüklə 1,13 Mb. Dostları ilə paylaş:
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