Barhuizen N.O and Others v Firstrand Bank Limited t/a First National Bank (2706/2021) [2021] ZAFSHC 278 (3 November 2021)

Barhuizen N.O and Others v Firstrand Bank Limited t/a First National Bank (2706/2021) [2021] ZAFSHC 278 (3 November 2021)

The court found that the applicants provided a reasonable explanation for their delay in filing the plea, primarily due to COVID-19 complications, and acted bona fide without intentional disregard for the rules. The plea was finalized and emailed on the last day before the bar, and the applicants made genuine efforts to serve it. The respondent did not contest the reasons for delay. The applicants' defence, based on a settlement agreement allegedly made an order of court, presents reasonable prospects of success. Considering all circumstances, including the absence of prejudice to the respondent that cannot be compensated by costs, the court is satisfied that good cause has been shown and...

Citation
[2021] ZAFSHC 278
Parties
Applicant: HGA Barkhuizen N.O; Applicant: RJ Claasen N.O; Applicant: JE Barkhuizen N.O; Applicant: HG Barkhuizen; Respondent: Firstrand Bank t/a First National Bank
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 November 2021
Case Number
2706/2021
Procedural Posture
Condonation Application / Application for Condonation and Upliftment of Bar to File Plea
Outcome
Application for condonation and upliftment of bar granted.
Judges
PAGE AJ
Legal Topics
Condonation, Upliftment of Bar, Uniform Rule 27, Plea Filing Delay, Prospects of Success
Civil Procedure Condonation Upliftment of Bar Uniform Rule 27 Plea Filing Delay Prospects of Success

Case Brief

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Parties

HGA Barkhuizen N.O

Applicant

RJ Claasen N.O

Applicant

JE Barkhuizen N.O

Applicant

HG Barkhuizen

Applicant

Firstrand Bank t/a First National Bank

Respondent

Procedural Posture

Condonation Application / Application for Condonation and Upliftment of Bar to File Plea

Legal Issues

  1. 1 Whether the applicants have shown good cause for condonation and upliftment of the bar to file their plea.
  2. 2 Whether the delay in filing the plea was reasonable and bona fide.
  3. 3 Whether the applicants have reasonable prospects of success in their defence.

Ratio Decidendi

The court found that the applicants provided a reasonable explanation for their delay in filing the plea, primarily due to COVID-19 complications, and acted bona fide without intentional disregard for the rules. The plea was finalized and emailed on the last day before the bar, and the applicants made genuine efforts to serve it. The respondent did not contest the reasons for delay. The applicants' defence, based on a settlement agreement allegedly made an order of court, presents reasonable prospects of success. Considering all circumstances, including the absence of prejudice to the respondent that cannot be compensated by costs, the court is satisfied that good cause has been shown and...

Court Disposition

Application for condonation and upliftment of bar granted.

Orders

  • The application is granted.
  • Costs are ordered to be costs in the cause.