TLI4801 MAY JUNE PORTFILIO (COMPLETE ANSWERS) Semester 1 2025 (801355) - DUE 27 May 2025; 100% TRUSTED Complete, trusted solutions and explanations Ensure your success with us. ...

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TLI4801 MAY JUNE
PORTFILIO
(COMPLETE
ANSWERS) Semester
1 2025 (801355) -
DUE 27 May 2025
NO PLAGIARISM

[Pick the date]




[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]

,Exam (elaborations)
TLI4801 MAY JUNE PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025 (801355) - DUE
27 May 2025
Course
 Techniques in Trial and Litigation (TLI4801)
 Institution
 University Of South Africa (Unisa)
 Book
 Litigation Skills for South African Lawyers

TLI4801 MAY JUNE PORTFILIO (COMPLETE ANSWERS) Semester 1 2025
(801355) - DUE 27 May 2025; 100% TRUSTED Complete, trusted solutions
and explanations Ensure your success with us. ...



Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle manufacturer
based in Pretoria West. Blue Brands (Pty) Ltd (“Blue Brands”) is a contract
filling and manufacturing company based in Johannesburg South. The
company manufactures and fills soap detergent bottles for a number of
brands. On 20 March 2025, the owner of Blue Brands, Ms. Sue Brand, sent an
email to Shiny Plastics to place an order for 50 000 plastic bottles valued at
R300 000,00 in order to complete an order for a client. The bottles were
delivered to Blue Brands the following day, and a copy of the invoice was
handed to Ms. Brand. However, she then neglected to pay for the delivery
within the 30-day period provided for in terms of the invoice. Despite
repeated telephone calls and a formal letter of demand from Shiny Plastics,
Blue Brands has not settled the amount. Shiny Plastics wants to sue Blue
Brands for the outstanding amount. The owner of Shiny Plastics, DW Shine,
approaches you for legal advice regarding the legal proceedings to be
instituted against Blue Brands. Answer the following questions, using proper
references. Note: In your answers, you are required to make up facts/create
facts to supplement the given facts of the case as long as your own rendition
does not detract from the core issues. a) Discuss the type of summons that
Shiny Plastics will use to recover the outstanding amount. (4)

To recover the outstanding amount of R300,000.00, Shiny Plastics (Pty) Ltd will need to
institute legal proceedings by issuing a combined summons.

a) Type of summons: Combined Summons (4 Marks)

,A combined summons is used when the plaintiff’s cause of action is based on a debt or
liquidated demand, but where the plaintiff needs to provide a full set of facts in a particulars
of claim to support the action.

In this case, although the claim is for a liquidated amount (R300,000.00), the matter may involve
contractual details such as:

 the nature of the contract or agreement between Shiny Plastics and Blue Brands;
 the delivery and acceptance of the goods;
 non-payment after a 30-day term; and
 efforts to obtain payment (e.g., telephone calls and a letter of demand).

These facts must be set out clearly in the particulars of claim, which accompanies the combined
summons, in order to support the monetary claim.

Legal Authority:

 Uniform Rule 17(2)(a) of the High Court Rules provides for a combined summons
where the cause of action is not self-explanatory on the face of the summons and must be
supported by further particulars.
 Harinath v Edura Construction (Pty) Ltd 1997 (3) SA 360 (D) – confirmed the
appropriateness of a combined summons where more detailed allegations are required,
even if the claim is for a debt or liquidated amount.

Conclusion:

Shiny Plastics will therefore issue a combined summons in the High Court (because the
amount exceeds R200,000, the jurisdictional limit of the Magistrates’ Court) in order to claim the
R300,000 from Blue Brands for the unpaid invoice. The summons will be accompanied by a
particulars of claim setting out the contract, delivery, invoice terms, and failure to pay.




(b) Discuss whether summary judgment can be used in the above instance.
(4)

b) Can summary judgment be used in this instance? (Discussion)

Yes, summary judgment can be used in this instance, provided that certain legal requirements
are met.

, 1. What is Summary Judgment?

Summary judgment is a procedure available to a plaintiff who believes that the defendant has
no bona fide defence to the action and that the defence is merely a delaying tactic. It allows the
plaintiff to obtain judgment without the need for a full trial.

 Rule 32 of the Uniform Rules of Court governs summary judgment applications in the
High Court.
 It is typically used in cases involving:
o a liquid document;
o a liquidated amount of money;
o delivery of specified movable property;
o ejectment.




2. Application to the Present Case

The claim in this matter is for R300,000.00, a liquidated amount of money, arising from an
invoice issued for goods delivered (i.e., plastic bottles). The following factors support the
possibility of applying for summary judgment:

 The amount claimed is fixed and certain.
 The cause of action is based on a contract of sale and delivery of goods, which can be
supported by documentation (invoice, delivery note, emails).
 The defendant, Blue Brands, was placed in default of payment and has failed to
respond to both informal and formal demands.



3. Procedural Requirements

To apply for summary judgment, Shiny Plastics (as the plaintiff) must:

 Issue and serve a combined summons.
 If Blue Brands (defendant) gives notice of intention to defend, Shiny Plastics may then
bring an application for summary judgment within 15 court days of receiving the
notice (Rule 32(2)).
 File a supporting affidavit by DW Shine (or another person with personal knowledge of
the matter), stating that:
o The defendant has no bona fide defence;
o The notice of intention to defend is entered solely for the purpose of delay.




4. Defendant’s Options