Govender and Another v Sandton Glen Body Corporate (10509/13) [2014] ZAGPPHC 866 (7 November 2014)

Govender and Another v Sandton Glen Body Corporate (10509/13) [2014] ZAGPPHC 866 (7 November 2014)

The court found that the applicants failed to provide a reasonable and acceptable explanation for their default in not opposing the summary judgment application. The explanation offered was insufficient and unsupported by evidence, particularly lacking an affidavit from their attorney. The court inferred that the applicants were in wilful default. Furthermore, the applicants did not present evidence of a bona fide defence with reasonable prospects of success, as their alleged counterclaim was unsubstantiated and their dispute of the calculation was a sweeping statement without detail. Consequently, the requirements for rescission under the common law were not met, and the application was...

Citation
[2014] ZAGPPHC 866
Parties
Applicant: Sugendran Mervin Govender; Applicant: Logambal Govender; Respondent: Sandton Glen Body Corporate
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 November 2014
Case Number
10509/13
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment
Outcome
Application for rescission dismissed with costs.
Judges
Strydom
Legal Topics
Rescission of Judgment, Default Judgment, Condonation, Bona Fide Defence
Civil Procedure Rescission of Judgment Default Judgment Condonation Bona Fide Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Sugendran Mervin Govender

Applicant

Logambal Govender

Applicant

Sandton Glen Body Corporate

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the applicants provided a reasonable and acceptable explanation for their default in failing to oppose the summary judgment application.
  2. 2 Whether the applicants demonstrated a bona fide defence with reasonable prospects of success on the merits.
  3. 3 Whether condonation for the late filing of the rescission application should be granted.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable and acceptable explanation for their default in not opposing the summary judgment application. The explanation offered was insufficient and unsupported by evidence, particularly lacking an affidavit from their attorney. The court inferred that the applicants were in wilful default. Furthermore, the applicants did not present evidence of a bona fide defence with reasonable prospects of success, as their alleged counterclaim was unsubstantiated and their dispute of the calculation was a sweeping statement without detail. Consequently, the requirements for rescission under the common law were not met, and the application was...

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application for rescission is dismissed.
  • The applicants are ordered to pay the respondent’s costs, including the costs of senior/junior counsel appearing on behalf of the respondent.