Compensation Solutions (Pty) Ltd v Compensation Commissioner and Another (69944/2019) [2022] ZAGPPHC 720 (26 September 2022)

Compensation Solutions (Pty) Ltd v Compensation Commissioner and Another (69944/2019) [2022] ZAGPPHC 720 (26 September 2022)

The court held that the delivery of an exception in response to a notice of bar constitutes a pleading, and therefore the plaintiff was precluded from applying for default judgment. Rule 23(1) does not oblige the excipient to apply for a hearing date for the exception; it merely entitles the excipient to do so. The rules do not provide that failure to apply for a hearing date results in the exception lapsing or the excipient being barred. The plaintiff's remedy was to apply for a hearing date for the exception or invoke rule 30A, not to serve further notices of bar or apply for default judgment. Accordingly, the application for default judgment was dismissed.

Citation
[2022] ZAGPPHC 720
Parties
Plaintiff: Compensation Solutions (Pty) Ltd; Defendant: The Compensation Commissioner; Defendant: Director General of the Department of Labour of the National Government of the Republic
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 September 2022
Case Number
69944/2019
Procedural Posture
Default Judgment Application / Application for Default Judgment Following Failure to Deliver Plea After Notice of Bar; Exception Delivered Instead.
Outcome
Application for default judgment dismissed; each party to pay its own costs.
Judges
L Pillay
Legal Topics
Default Judgment, Exception Procedure, Notice of Bar, Rule 23, Rule 26, Rule 30a
Civil Procedure Default Judgment Exception Procedure Notice of Bar Rule 23 Rule 26 Rule 30a

Case Brief

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Parties

Compensation Solutions (Pty) Ltd

Plaintiff

The Compensation Commissioner

Defendant

Director General of the Department of Labour of the National Government of the Republic

Defendant

Procedural Posture

Default Judgment Application / Application for Default Judgment Following Failure to Deliver Plea After Notice of Bar; Exception Delivered Instead.

Legal Issues

  1. 1 Whether the defendants are in default for failing to deliver a plea after notice of bar.
  2. 2 Whether the plaintiff is entitled to default judgment despite the defendants having delivered an exception.

Ratio Decidendi

The court held that the delivery of an exception in response to a notice of bar constitutes a pleading, and therefore the plaintiff was precluded from applying for default judgment. Rule 23(1) does not oblige the excipient to apply for a hearing date for the exception; it merely entitles the excipient to do so. The rules do not provide that failure to apply for a hearing date results in the exception lapsing or the excipient being barred. The plaintiff's remedy was to apply for a hearing date for the exception or invoke rule 30A, not to serve further notices of bar or apply for default judgment. Accordingly, the application for default judgment was dismissed.

Court Disposition

Application for default judgment dismissed; each party to pay its own costs.

Orders

  • The application for default judgment is dismissed.
  • The parties are to pay their own costs.