2. When in the court’s opinion an ex parte may affect someone else’s rights, court issues a rule nisi. In ex. Deceased estates. 3. A rule nisi involves a temporary/interim order with a return date on which respondent may advance reasons why order not be made final.
4. Thus, where temporary/interim relief is needed court may grant it together with a rule nisi. Here, order operates against respondent until order is made final or dismissed on return date. 5.9.3 INTERVENTION IN EX PARTE APPLICATIONS (P. 174) Any person with an interest in an ex parte application may apply for consent to intervene. A notice of motion is brought, supported by affidavit setting out interest in the matter. Notice is given to applicant who may oppose intervention. 5.9.4 THE REQUIREMENT OF UTMOST GOOD FAITH IN EX PARTE APPLICATIONS (P. 175) For proper administration of justice applicant in ex parte, particularly: duty to be completely open and honest with court-revealing ALL facts relevant which may influence the court’s decision. EVEN if such information prejudices your own case. Breach of good faith-harmful consequences. (Cost order or disciplinary referral) 6. ACTIONS: (SLIDE 9)(P. 178-197) 6.1 INTRODUCTION:
There are the following phases: 1. Pleadings stage: 2. Pre-trial stage-preparation 3. Trial stage 4. Judgment stage 5. After judgment stage (review or appeal) 6.2 ACTIONS: PLEADINGS AND NOTICES: SLIDE 10 P. 198-224 6.3 EXTRA POSSIBLE STEPS SLIDE 11 P. 225-242 SUMMARY PAGE 557 7. SHORT CUT JUDGEMENTS
SLIDE 12 P. 243 SUMMARY P. 558
- Spring '19
- Pragmatism, High Court of Justice, Subject-matter jurisdiction