QUESTION 3

(a) The plaintiff has served simple summons on your client who instructs you to defend the matter. The period allowed in the Uniform Rules of Court for the plaintiff to file a declaration has since lapsed. What is the next procedural step that you would advise your client to take? Motivate your answer. (3)

(b) In an application for summary judgement the defendant is granted leave to defend the matter by the court. Would your client, the plaintiff, who is not satisfied with the order, be able to lodge an appeal? Briefly motivate your answer. (3)

(c) When are pleadings considered closed in the High Court? (4)

(d) Discuss five functions of pleadings. (5)

(e) Briefly explain the concept of "common law tender". (5)