What to do if you are served with an urgent High Court application
Being served with an urgent court application can be alarming. You may have only a few days — or sometimes even hours — to respond. The worst thing you can do is ignore it.
What is an urgent application?
An urgent application is a form of motion procedure used when a person believes that waiting for the ordinary court process will cause them serious or immediate prejudice. Because normal applications usually take one to three years to finalise on the normal court roll, an applicant may choose the urgent application route. This way, the matter can be finalised in a week or less.
Urgent applications are almost always brought in the High Court. The court will consider whether the circumstances genuinely justify urgency and whether the applicant has acted promptly.
How do I know if I've been served with an urgent application?
In normal applications and summons procedures, the rules require that the documents be served on you by the sheriff. But in urgent applications, the court allows the applicant to dispense with this rule due to urgency. If you receive any court documents by email or even if you are served with court papers by whatsapp, do not just dismiss them - this might be your first clue that you have been served with an urgent application.
The first few pages of the document are called the Notice of Motion - inspect these carefully to see what time frame you are given to answer the application. Note also that if the Notice of Motion mentions that the court dispense with the provisions of Rule 6 of the Uniform Rules of Court, then you have an urgent application.
No matter which type of legal document you have been served with, it is always best to consult with an attorney without delay, but especially in urgent applications. If you have received an urgent application, contact a firm experienced in dealing with them immediately. This is the kind of case where the law expects you to drop everything else to answer the application. It takes 2-3 full days of work to answer an urgent application and prepare for a hearing, so give your attorney as much time as possible.
What matters qualify as urgent?
Just because an applicant may institute an urgent application, it does not mean that the court will agree that it is. The courts have developed stringent standards to determine whether cases are truly urgent or not, to prevent abuse of the urgent court procedure and to ensure that those cases which are truly urgent are given priority.
Some matters which the courts are likely to permit on an urgent basis are:
Interdict to prevent imminent dissipation of assets
Where there is credible evidence that a respondent is about to dispose of, transfer or hide assets, and waiting for ordinary motion proceedings would defeat the purpose of the relief.
Urgent interdict to prevent a spouse from taking children abroad
Where a parent has indicated an intention to take minor children out of South Africa without the other parent's consent, an urgent application may be brought to prevent their removal.
Urgent preservation of evidence or property
Where there is a real risk that important documents, electronically stored information, physical property or other evidence will be destroyed, altered or removed before ordinary proceedings can be heard.
Urgent restraint of ongoing unlawful conduct
Where for example, a union has committed to its intention to embark on an unlawful strike the next day, or where an employee or competitor is about to disclose confidential information or misuse commercially sensitive information.
Urgent corporate or commercial relief where a deadline makes ordinary proceedings ineffective
For example, preventing an imminent transaction, shareholder meeting, sale or other corporate action where the applicant can show that waiting for the ordinary timetable would render the eventual judgment ineffective.
What do I do if I've been served with an urgent application?
1. Get legal advice immediately
An urgent application is different from an ordinary lawsuit. You are expected to answer the application in a matter of days, or sometimes a matter of hours. The applicant is asking the court to deal with the matter on an accelerated basis, often because they claim that they will suffer harm if they have to wait for the ordinary court process.
Contact an attorney as soon as you receive the papers. Do not wait until the day before the hearing.
2. Read the papers carefully
Your attorney will need to establish exactly what the applicant is asking the court to order against you.
Pay particular attention to:
the date and time of the hearing;
whether the application is brought on an urgent basis;
the deadline for delivering your answering affidavit;
the allegations made against you;
the documents attached to the application; and
whether an interim order has already been granted.
3. Gather your evidence
Start collecting all documents and information relevant to the dispute. This may include contracts, correspondence, WhatsApp messages, invoices, photographs, payment records and previous court documents.
Do not delete or alter anything. Give your attorney the complete picture — including information that may not initially appear favourable to you.
Our experience in urgent applications
Maybery Inc. is experienced in High Court litigation and has successfully instituted and defended urgent applications for our clients. When you consult with us, we first examine technical strategies to determine whether we can have the application dismissed without delving into the merits. We will examine the merits of your case as well and will always advise what is best for you.
A few examples of our wins in urgent applications:
Fisher v. SB
SB v. Fisher
Plumb ___ v Sales ________
Mew____ v De Lange
Govender & another v. Govender
Shareholders of Nta_______ v. J & others
Full details have been redacted for confidentiality reasons.
Experienced in litigation from Magistrates Court to Constitutional Court
Maybery Inc. has represented clients in all courts and at all levels of complexity, from routine debt collections and eviction matters in the Magistrates Courts to complex appeals in the Supreme Court of Appeal and Constitutional Court.
If you have been served with an urgent court application, contact us immediately for assistance in assessing and opposing the application.
The above information is for illustrative purposes only and does not take into account your specific circumstances. It therefore does not constitute legal advice. Please contact us for comprehensive advice to address your circumstances. Under no circumstances should any person use the above information in an attempt to circumvent the provisions of legislation or contract, or to cause damage to any other person. Always ensure you and your company are in compliance with the law in all dealings. This information is accurate as of the date of publication.
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