First National Bank v Pieterse (16759/2021) [2023] ZAGPPHC 1901 (9 November 2023)

First National Bank v Pieterse (16759/2021) [2023] ZAGPPHC 1901 (9 November 2023)

The court found that the respondent's defence relating to the impact of the COVID-19 lockdown regulations on her ability to perform contractual obligations constitutes a bona fide triable issue. The respondent should be permitted to lead evidence at trial to substantiate her claim of supervening impossibility of performance. The jurisdictional objection was dismissed as it was not raised in the plea and, in any event, the property falls within the court's jurisdiction. The application for summary judgment was not filed out of time, as proper delivery occurred only upon uploading the plea to Caselines. Consequently, summary judgment was refused, and the matter will proceed to trial.

Citation
[2023] ZAGPPHC 1901
Parties
Applicant: First National Bank; Respondent: Karin Pieterse
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 November 2023
Case Number
16759/2021
Procedural Posture
Summary Judgment Application / Application for Summary Judgment
Outcome
Application for summary judgment dismissed; costs are costs in the cause.
Judges
E van der Schyff
Legal Topics
Summary Judgment, Jurisdiction, Condonation, Supervening Impossibility of Performance, Covid 19 Regulations
Civil Procedure Summary Judgment Jurisdiction Condonation Supervening Impossibility of Performance Covid 19 Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

First National Bank

Applicant

Karin Pieterse

Respondent

Procedural Posture

Summary Judgment Application / Application for Summary Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to hear the summary judgment application.
  2. 2 Whether condonation for the late filing of the summary judgment application should be granted.
  3. 3 Whether the respondent has raised a bona fide triable issue as a defence to summary judgment.

Ratio Decidendi

The court found that the respondent's defence relating to the impact of the COVID-19 lockdown regulations on her ability to perform contractual obligations constitutes a bona fide triable issue. The respondent should be permitted to lead evidence at trial to substantiate her claim of supervening impossibility of performance. The jurisdictional objection was dismissed as it was not raised in the plea and, in any event, the property falls within the court's jurisdiction. The application for summary judgment was not filed out of time, as proper delivery occurred only upon uploading the plea to Caselines. Consequently, summary judgment was refused, and the matter will proceed to trial.

Court Disposition

Application for summary judgment dismissed; costs are costs in the cause.

Orders

  • The application for summary judgment is dismissed.
  • Costs are costs in the cause.