Opposed motions
Opposed motions also requires no oral evidence (see unopposed motions) but both parties are represented by counsel who argues the points of law. The approach to factual disputes is set out in the well-known matter of Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd 1984 (3) SA 623 (A) at 634E – 635D.
The Plascon-Evans Rule holds that when factual disputes arise in circumstances where the applicant seeks final relief (i.e. interdicts), the relief should be granted in favour of the applicant only if the facts alleged by the respondent in its answering affidavit, read with the facts it has admitted to, justify the order prayed for. In other words, courts can under certain circumstances deal with factual disputes in application proceedings without calling for oral evidence.