CIV3701
Assignment 1
(ANSWERS)
Semester 2
2023
ADMIN
[COMPANY NAME]
, Question 1 (a) Briefly discuss an application to set aside irregular proceeding.
(6) (b) Explain the meaning of the term “liquid document” for the purposes of
provisional sentence summons. (4) [10] HIGH COURT JURISDICTION AND
PROCEDURE
(a) An application to set aside irregular proceedings in a High Court jurisdiction typically
arises when one of the parties involved in a legal case believes that there have been
significant procedural irregularities or errors in the handling of the case. Such
irregularities could include violations of court rules, failure to properly serve documents,
or any other actions that undermine the fairness or legality of the proceedings.
To initiate an application to set aside irregular proceedings, a party would typically file a
formal application or motion with the court, outlining the specific irregularities or errors
that occurred during the proceedings. The court will then consider the application and, if
it finds merit in the claims of irregularity, may set aside some or all of the proceedings,
effectively nullifying them. This can result in the case being re-heard or re-initiated with
the correct procedures in place, ensuring a fair and just legal process.
(b) In the context of provisional sentence summons, a "liquid document" refers to a
document that clearly and unequivocally sets out a debt or a liquidated claim. A
liquidated claim is one where the amount owed is easily determined or calculated, and
there is no dispute regarding the existence or the amount of the debt.
When a creditor wants to claim a debt from a debtor using a provisional sentence
summons, they must provide a document that proves the debt is liquid. This document
should provide all the necessary details, such as the exact amount owed and the basis
for the claim, without any ambiguity. If the document is considered "liquid," the court
may issue a provisional sentence summons, which allows the creditor to proceed with
legal action to recover the debt without going through a full trial. This is typically a
faster and more efficient way to enforce a clear debt claim. However, if the debtor
disputes the debt's existence or amount, the matter may proceed to a full trial for
resolution.
Question 2 (a) J who is a politician learns that K, who is a journalist for
Sunday Times newspaper, is in possession of J’s photos in a very
compromising situation and is about to publish them on the same newspaper
the following day. With these fact in mind answer the following questions: (i)
Name the type of application that J must use in order to prevent K from
publishing the photographs. (1) (ii) Name the affidavits that must be
Assignment 1
(ANSWERS)
Semester 2
2023
ADMIN
[COMPANY NAME]
, Question 1 (a) Briefly discuss an application to set aside irregular proceeding.
(6) (b) Explain the meaning of the term “liquid document” for the purposes of
provisional sentence summons. (4) [10] HIGH COURT JURISDICTION AND
PROCEDURE
(a) An application to set aside irregular proceedings in a High Court jurisdiction typically
arises when one of the parties involved in a legal case believes that there have been
significant procedural irregularities or errors in the handling of the case. Such
irregularities could include violations of court rules, failure to properly serve documents,
or any other actions that undermine the fairness or legality of the proceedings.
To initiate an application to set aside irregular proceedings, a party would typically file a
formal application or motion with the court, outlining the specific irregularities or errors
that occurred during the proceedings. The court will then consider the application and, if
it finds merit in the claims of irregularity, may set aside some or all of the proceedings,
effectively nullifying them. This can result in the case being re-heard or re-initiated with
the correct procedures in place, ensuring a fair and just legal process.
(b) In the context of provisional sentence summons, a "liquid document" refers to a
document that clearly and unequivocally sets out a debt or a liquidated claim. A
liquidated claim is one where the amount owed is easily determined or calculated, and
there is no dispute regarding the existence or the amount of the debt.
When a creditor wants to claim a debt from a debtor using a provisional sentence
summons, they must provide a document that proves the debt is liquid. This document
should provide all the necessary details, such as the exact amount owed and the basis
for the claim, without any ambiguity. If the document is considered "liquid," the court
may issue a provisional sentence summons, which allows the creditor to proceed with
legal action to recover the debt without going through a full trial. This is typically a
faster and more efficient way to enforce a clear debt claim. However, if the debtor
disputes the debt's existence or amount, the matter may proceed to a full trial for
resolution.
Question 2 (a) J who is a politician learns that K, who is a journalist for
Sunday Times newspaper, is in possession of J’s photos in a very
compromising situation and is about to publish them on the same newspaper
the following day. With these fact in mind answer the following questions: (i)
Name the type of application that J must use in order to prevent K from
publishing the photographs. (1) (ii) Name the affidavits that must be
