South Africa: High Courts - Gauteng

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[2007] ZAGPHC 379
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IHD v Slabbert & Du Toit [2007] ZAGPHC 379; 22443/04 (16 March 2007)
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NOT REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION)
JOHANNESBURG
CASE NO: 22443/04
DATE:2007.03.16
In the matter between:
IHD..................................................................................................Plaintiff
and
SLABBERT & DU TOIT..............................................................Defendant
Judgment
WILLIS, J: At the commencement of the proceedings today, the defendant applied, in terms of Rule 33[4], that the issues relating to damages and the quantum of such damages as pleaded by the defendant in paragraphs 7 and 8 of the defendant's counterclaims, be separated from all other issues and that the question of damages suffered and the quantum thereof be postponed sine die.
Mr Robinson has no objection to such order being made and it would indeed seem convenient in all the circumstances to make such an order. Accordingly, the following order is made.
The issue of damages suffered and the quantum of such damages as pleaded in paragraphs 7 and 8 of the defendant's counterclaims is separated from all other issues in the counterclaim;
The question of damages suffered and the quantum of such damages as pleaded in paragraphs 7 and 8 of the defendant's counterclaim is postponed sine die,
The trial is to proceed in respect of the plaintiff's action and the merits of the defendant's counterclaim.
The costs of this application for separation are to be costs in the cause.