De Beer v Geldenhuys (65535/2014) [2022] ZAGPPHC 905 (24 November 2022)

De Beer v Geldenhuys (65535/2014) [2022] ZAGPPHC 905 (24 November 2022)

The court found that the applicant was represented by senior counsel and attorney when consenting to the order, and there was no evidence that the advice conflicted with his instructions. The applicant's subsequent attempt to rescind the order was opportunistic and aimed at delaying proceedings, especially after benefiting from not having to testify in the civil action before facing criminal charges. The delay in bringing the application and failure to oppose the application to strike out, file a replying affidavit, or comply with court directives indicated a lack of bona fides. The court held that incorrect legal advice, absent misrepresentation or material error induced by the other...

Citation
[2022] ZAGPPHC 905
Parties
Applicant: De Beer, Deon; Respondent: Geldenhuys, Leendert
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 November 2022
Case Number
65535/2014
Procedural Posture
Rescission Application / Application for Rescission of Consent Order
Outcome
Application for rescission dismissed with costs on a punitive scale as between attorney and client.
Judges
Millar
Legal Topics
Rescission of Judgment, Consent Order, Iustus Error, Road Rage, Admission of Liability
Civil Procedure Delict Rescission of Judgment Consent Order Iustus Error Road Rage Admission of Liability

Case Brief

Summary, issues, holding and outcome

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Parties

De Beer, Deon

Applicant

Geldenhuys, Leendert

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Consent Order

Legal Issues

  1. 1 Whether the consent order made on 7 March 2017 should be rescinded on the basis of iustus error.
  2. 2 Whether incorrect legal advice constitutes a valid ground for rescission of a consent order.
  3. 3 Whether the applicant acted bona fide in bringing the rescission application.

Ratio Decidendi

The court found that the applicant was represented by senior counsel and attorney when consenting to the order, and there was no evidence that the advice conflicted with his instructions. The applicant's subsequent attempt to rescind the order was opportunistic and aimed at delaying proceedings, especially after benefiting from not having to testify in the civil action before facing criminal charges. The delay in bringing the application and failure to oppose the application to strike out, file a replying affidavit, or comply with court directives indicated a lack of bona fides. The court held that incorrect legal advice, absent misrepresentation or material error induced by the other...

Court Disposition

Application for rescission dismissed with costs on a punitive scale as between attorney and client.

Orders

  • The application for rescission is dismissed.
  • The applicant is ordered to pay the costs of this application on the punitive scale as between attorney and client.