Sims v Jooste & Ors (No.3)

In *Sims v Jooste & Ors (No.3)*, the applicant sought to strike out portions of an affidavit filed by the respondents. The dispute concerned whether certain material within the affidavit was scandalous or otherwise inadmissible in the proceedings.

The primary legal issue before the Court was to determine whether the impugned portions of the affidavit met the threshold for being considered "scandalous" under the rules of evidence and procedure, thereby warranting their removal from the court record. A secondary issue related to an application for indemnity costs.

His Honour Judge Antoni Lucev considered the definition of "scandalous" in the context of affidavit evidence, which generally refers to material that is irrelevant, vexatious, and intended to degrade or defame a party. The Court applied the principles that such material should be struck out to ensure the efficient and fair conduct of litigation and to prevent unnecessary prejudice. The application for indemnity costs was also considered in light of the conduct of the parties.

The Court ordered that certain portions of the respondents' affidavit be struck out as scandalous and ordered that the respondents pay the applicant's costs of the application, with those costs to be assessed on an indemnity basis.