Forms of proceedings - CK Flashcards
Name the 3 types of proceedings in the Mag Court
Action, application and provisional sentence
When are Action proceedings instituted?
When there is a material dispute of facts
What is a material dispute of fact?
The dispute is of such a nature trhat the court cannot decide the matter only on the basis of papers represented to court.
What is needed for an action to be brought to court? - hint: documents to start proceedings
Summons with particulars of claim
What are court days?
any other day - expect sat, sun and public holidays
TRUE OR FALSE: Application proceedings are also known as motion proceedings
True
TRUE OR FALSE: Both action and application proceedings require oral evidence at the start
False - Application proceedings are based on written affidavits while action proceedings typically involve oral evidence at the trial.
Explain provisional sentence proceedings
Proceedings used to claim payment based on a liquid document, i.e acknowledgement of debt.
What is required to initiate provisional sentence proceedings?
A liquid document (i.e a promissory note or acknowledgement of debt)
True or false: A plaintiff can use a motion application to claim for damages for breach of contract
False: Damages for breach of contract are typically claimed through action proceedings.
What is the primary feature of action proceedings?
Presentation of oral evidence and the opportunity for cross-examination.
What is required to oppose an application proceeding?
The respondant must file a notice of intention to oppose and an answering affidavit in the prescribed time
