Government Employees Pension Fund v Phala (50819/14) [2017] ZAGPPHC 961 (19 September 2017)

Government Employees Pension Fund v Phala (50819/14) [2017] ZAGPPHC 961 (19 September 2017)

The court found that the applicant provided a reasonable explanation for its default, as the summons were served at the corporate office rather than the registered administration office, and did not reach the legal department or relevant personnel. The applicant was not in wilful default, and the requirements for...

Source-derived case information.

Citation
[2017] ZAGPPHC 961
Parties
Applicant: Government Employees Pension Fund; Respondent: Fihliwe Priscilla Phala
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 September 2017
Case Number
50819/14
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment
Outcome
Application for rescission granted; default judgment set aside.
Judges
N.P. Mali
Legal Topics
Rescission of Judgment, Wilful Default, Service of Process, Uniform Rules of Court
Civil Procedure Rescission of Judgment Wilful Default Service of Process Uniform Rules of Court

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Parties

Government Employees Pension Fund

Applicant

Fihliwe Priscilla Phala

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment was erroneously granted in terms of Rule 42(1)(a).
  2. 2 Whether the applicant provided a reasonable explanation for its default.
  3. 3 Whether the requirements for rescission under common law are satisfied.

Ratio Decidendi

The court found that the applicant provided a reasonable explanation for its default, as the summons were served at the corporate office rather than the registered administration office, and did not reach the legal department or relevant personnel. The applicant was not in wilful default, and the requirements for rescission under Rule 42(1)(a) and common law were satisfied. The court concluded that the judgment was erroneously granted and should be rescinded.

Court Disposition

Application for rescission granted; default judgment set aside.

Orders

  • The judgment granted on 18 September 2015 is rescinded and set aside.
  • Costs are reserved for the main action.