The court must seek to give effect to the overriding objective when it-
--(1) exercises any discretion given to it by the Rules; or
--(2) interprets the meaning of any rule.
Notes
It was held in Trincan Oil Limited, Charles Anthony Brash Jr. and Walter Cukavac v. Chris Martin Civ. App. 65 of 2009 that while this rule renders the overriding objective as an aid to interpretation of the Rules, it cannot be used to avoid the literal interpretation and application of a rule without more. It was held in Winston Padmore v. James Morgan, Roderick A. Thomas and Yacoob Ali CV2006-00277 that the overriding objective does not in or of itself empower the Court to do anything or grant to it any discretion residual or otherwise.
Back to Part (1. The Overriding Objective)