Before the Court is an Application dated 20 April 2026, brought by the Defendant. The Defendant seeks leave to file Supplementary Submissions. The Application is opposed by the Plaintiff.
The Court has looked at the Application, Replying Affidavit and proceedings in this matter. The Court takes note that the Plaintiff filed their submissions on 19 December 2025 and has provided evidence of service upon the Defendant attached to their Replying Affidavit. The Defendant filed their submissions in January 2026.
When the matter came up on 12 February 2026 to confirm compliance, the Defendant did not indicate to the Court that they had not had sight of the Application. On that basis, the Court issued directions, reserving a judgement date for 22 May 2026. 2 months later, the Defendant filed an application, claiming that they had not seen the Plaintiff's submissions before February 2026. Had the Court being informed of this on the day when the matter came up for compliance, the Court would have been persuaded and given directions immediately.
As matters stand, the Court views this Application as an attempt to delay the finalization of this matter. The Court is not convinced that the Application has been filed in good faith. However, for what it is worth and on the basis that there is no Affidavit of Service by the Plaintiff confirming that the submissions were served on 19 December 2025, the Court is reluctantly inclined to grant the orders sought, with some conditions.
(i) Leave is granted to the Defendant to file Further Submissions. The Supplementary Submissions dated 20 April 2026 are hereby admitted as duly filed.
(ii) The Plaintiff is granted leave to file Supplementary Submissions responding to any issue raised by the Defendant in their Supplementary Submissions within 14 days, failing which it will be presumed that the Plaintiff does not wish to respond.
(ii) Judgement on 30 July 2026.
The Court has looked at the Application, Replying Affidavit and proceedings in this matter. The Court takes note that the Plaintiff filed their submissions on 19 December 2025 and has provided evidence of service upon the Defendant attached to their Replying Affidavit. The Defendant filed their submissions in January 2026.
When the matter came up on 12 February 2026 to confirm compliance, the Defendant did not indicate to the Court that they had not had sight of the Application. On that basis, the Court issued directions, reserving a judgement date for 22 May 2026. 2 months later, the Defendant filed an application, claiming that they had not seen the Plaintiff's submissions before February 2026. Had the Court being informed of this on the day when the matter came up for compliance, the Court would have been persuaded and given directions immediately.
As matters stand, the Court views this Application as an attempt to delay the finalization of this matter. The Court is not convinced that the Application has been filed in good faith. However, for what it is worth and on the basis that there is no Affidavit of Service by the Plaintiff confirming that the submissions were served on 19 December 2025, the Court is reluctantly inclined to grant the orders sought, with some conditions.
(i) Leave is granted to the Defendant to file Further Submissions. The Supplementary Submissions dated 20 April 2026 are hereby admitted as duly filed.
(ii) The Plaintiff is granted leave to file Supplementary Submissions responding to any issue raised by the Defendant in their Supplementary Submissions within 14 days, failing which it will be presumed that the Plaintiff does not wish to respond.
(ii) Judgement on 30 July 2026.