rescission of judgmentnon-compliance with court rulesform LC1procedural defect
legislation
Statutes Cited
Labour Court (Amendment) Rules, 2018 (Statutory Instrument 8 of 2018)
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the application is fatally defective for non-compliance with rule 14(1) requiring use of form LC1","issue_type":"procedural","dispositive":"yes","related_facts":"Application not in form LC1"}
{"issue_text":"Whether the application is out of time","issue_type":"procedural","dispositive":"no","related_facts":"Application brought after time limits"}
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background
Facts of the Case
Background
The applicant sought rescission of a default judgment issued against him on 15 April 2015. The respondent raised preliminary objections that the application was defective for non-compliance with court rules regarding the required form and that it was out of time.
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