Superior Courts Act Flashcards
(21 cards)
Front
Back
Section 23 – What does this section allow?
Default Judgment → Registrar may grant judgment if defendant fails to respond.
🧠 Mnemonic: “23 = 2 parties, 3 steps: summons, no response, judgment”
Section 23A – What must be shown for rescission?
Rescission by consent or full payment → Plaintiff agrees or judgment debt is fully paid.
🧠 Mnemonic: “A = Agreement or Already paid”
Section 16 – What type of procedure does it govern?
General Appeals → Right to appeal a decision from High Court.
🧠 Mnemonic: “Sweet 16 = appeal gate opens”
Section 17 – When can leave to appeal be granted?
If there’s a reasonable prospect of success or compelling reason.
🧠 Mnemonic: “17 = Judge must be keen”
Section 18 – What happens to a judgment during appeal?
Judgment is suspended, unless court orders otherwise.
🧠 Mnemonic: “18-wheeler STOPS execution”
Section 19 – What powers does an appeal court have?
Can amend, confirm, set aside, or order new evidence.
🧠 Mnemonic: “19 = 1 case, 9 tools”
Section 22 – What are the grounds for review of magistrates’ court?
No jurisdiction, Bias/malice, Gross irregularity, Admissibility issues
🧠 Mnemonic: “22 = Too biased, too broken”
Section 25 – What does this say about security for costs?
No security needed if plaintiff lives in SA (even if outside court’s area).
🧠 Mnemonic: “25 = Citizen stays alive”
Section 42 – What is the scope of court process?
Covers how and what processes are issued and executed.
🧠 Mnemonic: “42 = For Two: court + sheriff”
Section 43 – What does the sheriff do?
Sheriff executes: summonses, writs, subpoenas, etc.
🧠 Mnemonic: “43 = For the 3 deliveries”
Section 45 – What property is excluded from seizure?
Basic essentials like beds, clothes, cooking pots, etc.
🧠 Mnemonic: “45 = 4 chairs and 5 spoons stay home”
Section 30 – What is this section about?
Rules of Court – Governs applications, notice, trial, urgent matters.
🧠 Mnemonic: “30 = Rulebook central”
On Notice Application – Steps?
N-FOR-H
N – Notice of motion
F – Founding affidavit
O – Opposing affidavit
R – Replying affidavit
H – Hearing
Ex Parte Application – Steps?
F-D-H
F – Founding affidavit
D – Draft order
H – Hearing
Urgent Application – Steps?
U-S-S-R
U – Urgency explained
S – Short notice
S – Short response time
R – Rapid hearing
Trial Procedure – Steps?
P-D-P-T-C-J
P – Pleadings
D – Discovery
P – Pre-trial
T – Trial
C – Closing argument
J – Judgment
Summary Judgment – Steps?
F-O-H
F – Founding affidavit
O – Opposition
H – Hearing
Provisional Sentence – Steps?
L-A-S
L – Liquid document
A – Affidavit (plaintiff)
S – Security (defendant)
Default Judgment – Steps?
N-J
N – No plea/response
J – Judgment granted
Rescission of Judgment – Grounds?
C-P-D
C – Consent
P – Paid debt
D – Defence (under Rule 31)
