Grundlingh v MFC a division of Nedbank (59529/19) [2021] ZAGPPHC 28 (15 January 2021)

Grundlingh v MFC a division of Nedbank (59529/19) [2021] ZAGPPHC 28 (15 January 2021)

The applicant failed to provide a cogent and reasonable explanation for his default, as he did not prove he notified the respondent of any change in his domicilium address, nor did he provide evidence of not receiving the summons. The respondent served the summons at the address chosen by the applicant in the credit agreement, and the section 129 notice was properly sent. The applicant did not act bona fide, as he admitted to owing arrears and attempted to make arrangements only after default judgment was granted. No valid compromise was reached, and the applicant failed to establish a bona fide defence. The absence of a countersignature or certificate of balance did not invalidate the...

Citation
[2021] ZAGPPHC 28
Parties
Applicant: Daniel Louwrens Grundlingh; Respondent: MFC a division of Nedbank Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 January 2021
Case Number
59529/19
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment
Outcome
Application for rescission of default judgment dismissed with costs.
Judges
M J Teffo
Legal Topics
Rescission of Judgment, Default Judgment, Credit Agreement, Section 129 Notice, Service of Process
Civil Procedure Banking and Finance Rescission of Judgment Default Judgment Credit Agreement Section 129 Notice Service of Process

Case Brief

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Parties

Daniel Louwrens Grundlingh

Applicant

MFC a division of Nedbank Ltd

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the requirements for rescission of the default judgment have been met.
  2. 2 Whether the applicant provided a reasonable explanation for his default.
  3. 3 Whether the applicant acted bona fide in bringing the application.

Ratio Decidendi

The applicant failed to provide a cogent and reasonable explanation for his default, as he did not prove he notified the respondent of any change in his domicilium address, nor did he provide evidence of not receiving the summons. The respondent served the summons at the address chosen by the applicant in the credit agreement, and the section 129 notice was properly sent. The applicant did not act bona fide, as he admitted to owing arrears and attempted to make arrangements only after default judgment was granted. No valid compromise was reached, and the applicant failed to establish a bona fide defence. The absence of a countersignature or certificate of balance did not invalidate the...

Court Disposition

Application for rescission of default judgment dismissed with costs.

Orders

  • The application for the rescission of the default judgment granted against the applicant on 13 September 2019 is dismissed.
  • The applicant is ordered to pay the costs of the application.