Adfin v Durable Engineering Works information

Adfin (Pty) Ltd v Durable Engineering Works (Pty) Ltd^[1] is an important case in South African law, particularly in the area of civil procedure. An application to set aside the respondent's combined summons as an irregular proceeding, it was heard in the Cape Provincial Division by Berman J on 16 February 1990. Judgment was handed down on 2 March. The applicant's attorneys were Saacks & Jaffe; the respondent's were Bornman & Hayward. E. Sakinofsky appeared for the applicant and LM Olivier for the respondent.

The case was a review of a decision by the Master to reject an objection to the liquidator's account. Proceedings were initiated by way of combined summons. The application was to set aside the combined summons as an irregular proceeding on the grounds that the provisions of Rule 53 of Uniform Rules of Court (providing that proceedings on review "shall be by way of notice of motion") and of section 407(4)(a) of the Companies Act^[2] (providing that a person aggrieved by the Master's direction may "apply to Court") required that proceedings be brought by way of notice of motion. The court dismissed application on the grounds that neither Rule 53 nor section 407(4)(a) rendered proceedings by way of notice of motion peremptory.