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Adfin v Durable Engineering Works
''Adfin (Pty) Ltd v Durable Engineering Works (Pty) Ltd''〔1991 (2) SA 366 (C).〕 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〔Act 61 of 1973.〕 (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.
== Facts ==
The applicant sought an order setting aside the respondent's combined summons as an irregular proceeding on the grounds that the relief sought (an order setting aside the Master's decision to reject the respondent's objection to an account lodged by the liquidator of a company being wound up) should have been sought in motion proceedings, not by way of combined summons.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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