Conekt Business Group (Pty) Ltd v Navigator Computer Consultants CC; InRe: Navigator Computer Consultants CC v Conekt Business Group (Pty) Ltd (2010/02957) [2014] ZAGPJHC 269; 2015 (4) SA 103 (GJ) (27 June 2014)

Conekt Business Group (Pty) Ltd v Navigator Computer Consultants CC; InRe: Navigator Computer Consultants CC v Conekt Business Group (Pty) Ltd (2010/02957) [2014] ZAGPJHC 269; 2015 (4) SA 103 (GJ) (27 June 2014)

The court found that the applicant's default was not wilful, as the summons was served at its auditors and not brought to its attention, and the applicant had engaged attorneys prior to service. The applicant established triable issues regarding the contractual dispute and prescription, sufficient for rescission. The court accepted that partial rescission is competent under Rule 31(2)(b) where the claim is divisible, as supported by authority. The applicant conceded liability for part of the claim and tendered payment accordingly. The judgment was rescinded except for the amount conceded and tendered. Costs relating to the claim for documents were to be borne by each party, and the...

Citation
[2014] ZAGPJHC 269
Parties
Applicant: Conekt Business Group (Pty) Ltd; Respondent: Navigator Computer Consultants CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 June 2014
Case Number
2010/02957
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment Under Rule 31(2)(b)
Outcome
The application for rescission is granted in part; the default judgment is rescinded except for R146,924.91, which remains in force.
Judges
Fisher
Legal Topics
Rescission of Default Judgment, Prescription Act, Contractual Dispute, Rule 31 2 B, Partial Rescission
Civil Procedure Commercial and Corporate Rescission of Default Judgment Prescription Act Contractual Dispute Rule 31 2 B Partial Rescission

Case Brief

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Parties

Conekt Business Group (Pty) Ltd

Applicant

Navigator Computer Consultants CC

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment Under Rule 31(2)(b)

Legal Issues

  1. 1 Whether the applicant has shown good cause for rescission of the default judgment.
  2. 2 Whether the applicant was in wilful default.
  3. 3 Whether the applicant has a bona fide defence to the claim.

Ratio Decidendi

The court found that the applicant's default was not wilful, as the summons was served at its auditors and not brought to its attention, and the applicant had engaged attorneys prior to service. The applicant established triable issues regarding the contractual dispute and prescription, sufficient for rescission. The court accepted that partial rescission is competent under Rule 31(2)(b) where the claim is divisible, as supported by authority. The applicant conceded liability for part of the claim and tendered payment accordingly. The judgment was rescinded except for the amount conceded and tendered. Costs relating to the claim for documents were to be borne by each party, and the...

Court Disposition

The application for rescission is granted in part; the default judgment is rescinded except for R146,924.91, which remains in force.

Orders

  • The judgment handed down on 20 April 2010 under case number 10/02957 is rescinded, save to the extent of R146,924.91 of the amount granted in paragraph 1 thereof, which remains in force and effect.
  • Each party shall bear its own costs in respect of Claim A of the Notice of Motion.