BWK Project Management Civils CC v Slice Investments (Pty) Ltd (AR94/2017) [2018] ZAKZPHC 56 (12 October 2018)

BWK Project Management Civils CC v Slice Investments (Pty) Ltd (AR94/2017) [2018] ZAKZPHC 56 (12 October 2018)

The court found that the appellant's explanation for the delay in prosecuting the appeal was inadequate and that the degree of lateness was excessive. The appellant's attorneys were aware of the lapse but failed to act with the necessary urgency, and their conduct disregarded the provisions of the Uniform Rules of Court. The appellant failed to demonstrate good cause for condonation, as the explanation for default was insufficient and the prospects of success were remote. The appellant did not provide a satisfactory reason why the summonses served at its registered address were not brought to its attention, especially since another summons served at the same address was defended. The...

Citation
[2018] ZAKZPHC 56
Parties
Appellant: BWK Project Management Civils CC; Respondent: Slice Investments (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
12 October 2018
Case Number
AR 94/2017
Procedural Posture
Civil Appeal / Appeal Against Refusal of Rescission Application; Application for Condonation for Late Prosecution of Appeal
Outcome
The appellant's application for condonation is refused. The appellant is ordered to pay the respondent's costs.
Judges
Masipa, Marks
Legal Topics
Condonation, Rescission of Judgment, Lease Agreement, Wilful Default, Prospects of Success
Civil Procedure Commercial and Corporate Condonation Rescission of Judgment Lease Agreement Wilful Default Prospects of Success

Case Brief

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Parties

BWK Project Management Civils CC

Appellant

Slice Investments (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Rescission Application; Application for Condonation for Late Prosecution of Appeal

Legal Issues

  1. 1 Whether condonation should be granted for the late prosecution of the appeal.
  2. 2 Whether the appellant has shown good cause for rescission of the default judgments.
  3. 3 Whether the appellant was in wilful default and has a bona fide defence.

Ratio Decidendi

The court found that the appellant's explanation for the delay in prosecuting the appeal was inadequate and that the degree of lateness was excessive. The appellant's attorneys were aware of the lapse but failed to act with the necessary urgency, and their conduct disregarded the provisions of the Uniform Rules of Court. The appellant failed to demonstrate good cause for condonation, as the explanation for default was insufficient and the prospects of success were remote. The appellant did not provide a satisfactory reason why the summonses served at its registered address were not brought to its attention, especially since another summons served at the same address was defended. The...

Court Disposition

The appellant's application for condonation is refused. The appellant is ordered to pay the respondent's costs.

Orders

  • The appellant's application for condonation is refused.
  • The appellant is to pay the respondent's costs.