Coetzer v Wesbank, a division of Firstrand Bank Limited (2020/7439) [2021] ZAGPJHC 112; 2022 (2) SA 178 (GJ) (24 May 2021)

Coetzer v Wesbank, a division of Firstrand Bank Limited (2020/7439) [2021] ZAGPJHC 112; 2022 (2) SA 178 (GJ) (24 May 2021)

The court held that once default judgment was granted against the applicant, the matter became res judicata and the court was functus officio. The purported abandonment of the judgment by Wesbank did not remove its effect; only a competent court could rescind or set aside the judgment. As such, the interlocutory applications to compel further discovery and particulars could not be entertained while the default judgment stood. The applications were dismissed, and the respondent was ordered to pay the costs of the hearing.

Citation
[2021] ZAGPJHC 112
Parties
Applicant: Erika Coetzer; Respondent: Wesbank, a division of Firstrand Bank Limited; Defendant: Investment Auto Group (Pty) Ltd; Defendant: Gavin Anthony Smith
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 May 2021
Case Number
2020/7439
Procedural Posture
Interlocutory Application / Applications to Compel Discovery and Further Particulars Prior to Trial
Outcome
Applications to compel further particulars and discovery dismissed; respondent ordered to pay costs.
Judges
T Siwendu
Legal Topics
Default Judgment, Abandonment of Judgment, Functus Officio, Res Judicata, Interlocutory Applications
Civil Procedure Default Judgment Abandonment of Judgment Functus Officio Res Judicata Interlocutory Applications

Case Brief

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Parties

Erika Coetzer

Applicant

Wesbank, a division of Firstrand Bank Limited

Respondent

Investment Auto Group (Pty) Ltd

Defendant

Gavin Anthony Smith

Defendant

Procedural Posture

Interlocutory Application / Applications to Compel Discovery and Further Particulars Prior to Trial

Legal Issues

  1. 1 Whether the court can hear interlocutory applications to compel in light of an existing default judgment against the applicant.
  2. 2 Whether a default judgment can be partially abandoned by the plaintiff, thereby entitling it to proceed with the main action against the applicant.

Ratio Decidendi

The court held that once default judgment was granted against the applicant, the matter became res judicata and the court was functus officio. The purported abandonment of the judgment by Wesbank did not remove its effect; only a competent court could rescind or set aside the judgment. As such, the interlocutory applications to compel further discovery and particulars could not be entertained while the default judgment stood. The applications were dismissed, and the respondent was ordered to pay the costs of the hearing.

Court Disposition

Applications to compel further particulars and discovery dismissed; respondent ordered to pay costs.

Orders

  • The applications brought by the third defendant/applicant to compel further particulars and further and better discovery are removed.
  • The plaintiff/respondent is ordered to pay the costs of the hearing of the two applications, set down for 20 May 2021.