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AI summary
The Western Cape High Court in Unicredit Bank Austria A.G. v Huber dealt with a special plea of lack of jurisdiction and the application of rule 39(2) of the Uniform Rules of Court. The judgment records evidence about Austrian law, the loan agreements, and the amounts claimed, and grants judgment for the plaintiff.
This may be relevant to civil litigation and cross-border contract disputes where jurisdiction and pleading practice are in issue.
Evidence from source
Summary: When a defendant delivers a special plea, a plea over on the merits must also be delivered – application of rule 39(2) of the Uniform Rules of Court
Supports: plain_summary sentence 1
The plaintiff, Unicredit Bank Austria A.G., sued the defendant, Ms Huber, in terms of two written loan agreements concluded with the defendant and her father in 2005 and 2006
Supports: plain_summary sentence 2
Order 1. Judgment is granted against the defendant in favour of the plaintiff for: i. payment of the amount of € 259,750.55; ii. payment of the amount of € 73,475.44
Supports: plain_summary sentence 2