Bulk Brick Supplies Property (Pty) Ltd v South African Board for Sheriffs (3249/2021) [2022] ZAECMKHC 104 (22 November 2022)

Bulk Brick Supplies Property (Pty) Ltd v South African Board for Sheriffs (3249/2021) [2022] ZAECMKHC 104 (22 November 2022)

The court found that the applicant only became aware of the amount paid to the sheriff on 17 August 2016 and lodged its claim within three months thereafter, thus complying with section 36(2)(a) of the Sheriffs Act. The respondent's reliance on alleged non-compliance with the time period was unfounded, as the applicant could not have lodged a claim for an unknown sum. Furthermore, the respondent had engaged with the applicant throughout the process, requesting further documentation and information, which was provided within the statutory periods. The respondent's subsequent repudiation of the claim on time-bar grounds was contrived and amounted to an attempt to avoid liability. The...

Citation
[2022] ZAECMKHC 104
Parties
Applicant: Bulk Brick Supplies Property (Pty) Ltd; Respondent: South African Board for Sheriffs
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
22 November 2022
Case Number
3249/2021
Procedural Posture
Review Application / Judgment After Hearing on Merits
Outcome
The respondent's decision to repudiate the applicant's claim is reviewed and set aside. The respondent is ordered to pay the costs of the application on the attorney and client scale, including the costs of two counsel where employed.
Judges
JE Smith
Legal Topics
Promotion of Administrative Justice Act, Statutory Review, Fidelity Fund Claims, Ulterior Purpose, Irrationality, Costs Punitive
Administrative Law Civil Procedure Promotion of Administrative Justice Act Statutory Review Fidelity Fund Claims Ulterior Purpose Irrationality Costs Punitive

Case Brief

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Parties

Bulk Brick Supplies Property (Pty) Ltd

Applicant

South African Board for Sheriffs

Respondent

Procedural Posture

Review Application / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the respondent's decision to repudiate the applicant's claim for compensation from the Fidelity Fund was lawful and rational.
  2. 2 Whether the applicant complied with the time periods prescribed by section 36(2)(a) of the Sheriffs Act for lodging its claim.
  3. 3 Whether the respondent acted for an ulterior purpose and failed to consider relevant facts.

Ratio Decidendi

The court found that the applicant only became aware of the amount paid to the sheriff on 17 August 2016 and lodged its claim within three months thereafter, thus complying with section 36(2)(a) of the Sheriffs Act. The respondent's reliance on alleged non-compliance with the time period was unfounded, as the applicant could not have lodged a claim for an unknown sum. Furthermore, the respondent had engaged with the applicant throughout the process, requesting further documentation and information, which was provided within the statutory periods. The respondent's subsequent repudiation of the claim on time-bar grounds was contrived and amounted to an attempt to avoid liability. The...

Court Disposition

The respondent's decision to repudiate the applicant's claim is reviewed and set aside. The respondent is ordered to pay the costs of the application on the attorney and client scale, including the costs of two counsel where employed.

Orders

  • The respondent's decision to repudiate the applicant's claim on the basis of non-compliance with section 36(2)(a), read with section 36(3) of the Sheriffs Act, as communicated by letter dated 23 April 2021, is reviewed and set aside.
  • The respondent is ordered to pay the costs of this application on the scale as between attorney and client, including the costs of two counsel where so employed.