Birch t/a LF Birch And Son v Winterberg Veevoere CC (4002/2014) [2015] ZAECGHC 71 (21 July 2015)

Birch t/a LF Birch And Son v Winterberg Veevoere CC (4002/2014) [2015] ZAECGHC 71 (21 July 2015)

The court found that the agreement between the applicant and respondent was an incidental credit agreement as defined by the National Credit Act, since the statements issued by the respondent specified payment terms and interest for late payment, and the applicant accepted these terms by accepting delivery of the goods. The respondent was exempt from registration as a credit provider for such agreements. The court also found that the farm feed product was properly registered under the relevant legislation, as evidenced by documentation provided by the respondent. The applicant failed to provide a satisfactory explanation for his delay in filing a plea and did not demonstrate bona fide...

Citation
[2015] ZAECGHC 71
Parties
Applicant: Sidney Bonnen Birch t/a LF Birch And Son; Respondent: Winterberg Veevoere CC
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
21 July 2015
Case Number
4002/2014
Procedural Posture
Urgent Application / Application for Upliftment of Bar and Leave to File Plea
Outcome
Application dismissed with costs.
Judges
N G Beshe
Legal Topics
Upliftment of Bar, Incidental Credit Agreement, National Credit Act, Registration of Farm Feeds, Default Judgment, Good Cause Requirement
Civil Procedure Commercial and Corporate Upliftment of Bar Incidental Credit Agreement National Credit Act Registration of Farm Feeds Default Judgment Good Cause Requirement

Case Brief

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Parties

Sidney Bonnen Birch t/a LF Birch And Son

Applicant

Winterberg Veevoere CC

Respondent

Procedural Posture

Urgent Application / Application for Upliftment of Bar and Leave to File Plea

Legal Issues

  1. 1 Whether the applicant has shown good cause for the upliftment of the bar and leave to file a plea.
  2. 2 Whether the agreement between the parties constitutes an incidental credit agreement under the National Credit Act.
  3. 3 Whether the respondent was registered to sell the farm feed product in terms of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act.

Ratio Decidendi

The court found that the agreement between the applicant and respondent was an incidental credit agreement as defined by the National Credit Act, since the statements issued by the respondent specified payment terms and interest for late payment, and the applicant accepted these terms by accepting delivery of the goods. The respondent was exempt from registration as a credit provider for such agreements. The court also found that the farm feed product was properly registered under the relevant legislation, as evidenced by documentation provided by the respondent. The applicant failed to provide a satisfactory explanation for his delay in filing a plea and did not demonstrate bona fide...

Court Disposition

Application dismissed with costs.

Orders

  • The application for upliftment of the bar is dismissed.
  • The applicant is ordered to pay the costs of the application.