De Jager NO and Others v Thompson and Another (2122/2013) [2014] ZAECPEHC 69 (14 October 2014)

De Jager NO and Others v Thompson and Another (2122/2013) [2014] ZAECPEHC 69 (14 October 2014)

The court found that the respondents' application for postponement was without merit and constituted a deliberate delaying tactic. The respondents had failed to properly file their papers and had not alerted the court in advance. Their defences, including lack of locus standi, pending appeal, and rescission application, had already been considered and dismissed in previous judgments. The PIE Act was found not to apply to the present proceedings. The sequestration order stands and the normal course of the Insolvency Act applies, with the caveat that assets may not be realized without the insolvent's consent. The interests of justice required that the applicants not be prejudiced by further...

Citation
[2014] ZAECPEHC 69
Parties
Applicant: Werner De Jager N.O; Applicant: Esme Dorfling N.O; Applicant: Amore Adams N.O; Respondent: Royden Edward Minto Thompson; Respondent: Jeanette Thompson
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
14 October 2014
Case Number
2122/2013
Procedural Posture
Urgent Application / Reasons for Judgment Following Refusal of Postponement and Confirmation of Final Sequestration Order
Outcome
Application for postponement refused; final sequestration order confirmed; costs awarded against respondents on attorney and client scale.
Judges
P.W. Tshiki
Legal Topics
Sequestration Order, Postponement Application, Costs Award, Locus Standi, Eviction Proceedings
Civil Procedure Land and Property Sequestration Order Postponement Application Costs Award Locus Standi Eviction Proceedings

Case Brief

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Parties

Werner De Jager N.O

Applicant

Esme Dorfling N.O

Applicant

Amore Adams N.O

Applicant

Royden Edward Minto Thompson

Respondent

Jeanette Thompson

Respondent

Procedural Posture

Urgent Application / Reasons for Judgment Following Refusal of Postponement and Confirmation of Final Sequestration Order

Legal Issues

  1. 1 Whether the respondents' application for postponement should be granted.
  2. 2 Whether the final sequestration order should proceed despite pending or lapsed appeal.
  3. 3 Whether the defences raised by the respondents have merit, including locus standi and pending rescission applications.

Ratio Decidendi

The court found that the respondents' application for postponement was without merit and constituted a deliberate delaying tactic. The respondents had failed to properly file their papers and had not alerted the court in advance. Their defences, including lack of locus standi, pending appeal, and rescission application, had already been considered and dismissed in previous judgments. The PIE Act was found not to apply to the present proceedings. The sequestration order stands and the normal course of the Insolvency Act applies, with the caveat that assets may not be realized without the insolvent's consent. The interests of justice required that the applicants not be prejudiced by further...

Court Disposition

Application for postponement refused; final sequestration order confirmed; costs awarded against respondents on attorney and client scale.

Orders

  • The respondents' application for postponement is refused.
  • The provisional order of sequestration is made final with costs in the sequestration.