High Court - Application Procedure _ BP

Question 1

What is an ex parte application?

Answer 1

An application brought without notifying the opposing party.

Question 2

True or False: The founding affidavit is the most critical document in an application.

Answer 2

True

Question 3

What is the purpose of a Rule Nisi?

Answer 3

To grant interim relief pending a final decision.

Question 4

Which type of application involves notifying the respondent?

a) Urgent application
b) Ex parte application
c) Application on notice

Answer 4

c) Application on notice

Question 5

What must be included in the founding affidavit?

Answer 5

All facts supporting the application.

Question 6

True or False: Opposed applications require both answering and replying affidavits.

Answer 6

True

Question 7

What does the Plascon-Evans rule address?

Answer 7

The handling of factual disputes in motion proceedings.

Question 8

Which document is used to set down an unopposed application?

Answer 8

Notice of Set Down

Question 9

True or False: Urgent applications bypass normal timelines in Rule 6.

Answer 9

True

Question 10

What is the primary purpose of review applications?

Answer 10

To assess procedural correctness or legality of a decision.

Question 11

Which type of application requires an applicant to exhaust internal remedies first?

Answer 11

Review applications

Question 12

What is the purpose of an interdict?

Answer 12

To prevent a party from taking certain actions.

Question 13

True or False: An Anton Piller order allows for the preservation of evidence.

Answer 13

True

Question 14

What is required for indexing and pagination?

Answer 14

Organizing all application documents for the court.

Question 15

What does Rule 6(5)(d) govern?

Answer 15

Filing answering affidavits.

Question 16

What is the purpose of an urgent application?

a) To bypass the need for affidavits
b) To obtain relief when ordinary court timelines would cause prejudice
c) To challenge a court’s jurisdiction
d) To file a counterapplication

Answer 16

b) To obtain relief when ordinary court timelines would cause prejudice

Question 17

True or False: In an ex parte application, the respondent is always notified before the court hears the matter.

Answer 17

False

Question 18

What does the term “service” refer to in the context of applications?

a) Filing documents with the court
b) Delivering court documents to the other party
c) Providing legal advice to the applicant

Answer 18

b) Delivering court documents to the other party

Question 19

What document is critical in ensuring that an application is properly served on the respondent?

a) Notice of Set Down
b) Founding Affidavit
c) Notice of Motion
d) Replying Affidavit

Answer 19

c) Notice of Motion

Question 20

True or False: Rule Nisi orders are typically issued in applications on notice to the respondent.

Answer 20

False

Question 21

What is a counterapplication?

a) An application filed by the respondent in response to the original application
b) A separate legal action filed by a third party
c) An affidavit supporting the main application

Answer 21

a) An application filed by the respondent in response to the original application

Question 22

What should the founding affidavit contain?

a) Procedural details about filing documents
b) The facts and evidence on which the applicant’s case is based
c) A list of the respondent’s legal representatives

Answer 22

b) The facts and evidence on which the applicant’s case is based

Question 23

True or False: An answering affidavit is used by the applicant to introduce new facts after the respondent’s reply.

Answer 23

False

Question 24

Which affidavit is submitted by the respondent to dispute the allegations in the founding affidavit?

Answer 24

Answering Affidavit

Question 25

What happens if there are factual disputes in an application? a) The court will dismiss the application b) The matter may be referred to trial or oral evidence c) The applicant must submit a new affidavit

Answer 25

b) The matter may be referred to trial or oral evidence

Question 26

True or False: A replying affidavit is optional in motion proceedings.

Answer 26

True

Question 27

What is the correct procedure for bringing an unopposed application before the court?

Answer 27

File a Notice of Set Down and ensure proper service of the application.

Question 28

What must be included in an index for court applications? a) A summary of legal arguments b) A list of all documents filed in the application c) A copy of the court’s practice directives

Answer 28

b) A list of all documents filed in the application

Question 29

Which type of application requires immediate court attention due to the possibility of irreparable harm? a) Review application b) Urgent application c) Interdict application

Answer 29

b) Urgent application

Question 30

What is the significance of Rule 6(5)(d)?

Answer 30

It outlines the procedure and timeline for filing answering affidavits.

Question 31

True or False: The court may disregard portions of an affidavit if they are irrelevant or scandalous.

Answer 31

True

Question 32

What is required for an applicant to justify a review application? a) Proof of financial hardship b) Grounds showing procedural irregularity or unlawfulness c) Evidence of the respondent’s consent

Answer 32

b) Grounds showing procedural irregularity or unlawfulness

Question 33

What is the primary role of the court in an opposed application?

Answer 33

To evaluate affidavits and legal arguments presented by both parties to make a ruling.

Question 34

True or False: Specific applications like Anton Piller orders are used to prevent imminent harm.

Answer 34

True

Question 35

What is the purpose of a Rule 6(5)(f) directive from the court? a) To require further affidavits b) To dismiss the application c) To confirm compliance with procedural rules

Answer 35

a) To require further affidavits