Hannes Dercksen t/a Interment Carries v Selomane (J 1443/09) [2010] ZALC 49 (26 March 2010)

Hannes Dercksen t/a Interment Carries v Selomane (J 1443/09) [2010] ZALC 49 (26 March 2010)

The court found that the applicant failed to prove that the default order was erroneously granted in his absence. The applicant's denial of receipt of the statement of claim, referral form, notice of taxation, and writ of execution was implausible, as he provided no reasonable explanation for failing to collect...

Source-derived case information.

Citation
[2010] ZALC 49
Parties
Applicant: Hannes Dercksen t/a Interment Carriers; Respondent: Lesibana Annanias Selomane
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 March 2010
Case Number
J 1443/09
Procedural Posture
Rescission Application / Judgment on Application for Rescission of Default Order
Outcome
Application for rescission of the default order is dismissed. Costs awarded against the applicant on an attorney and own client scale.
Judges
Bhoola
Legal Topics
Rescission of Default Judgment, Service of Process, Wilful Default, Unfair Dismissal
Labour Law Civil Procedure Rescission of Default Judgment Service of Process Wilful Default Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hannes Dercksen t/a Interment Carriers

Applicant

Lesibana Annanias Selomane

Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission of Default Order

Legal Issues

  1. 1 Whether the default order was erroneously granted in the absence of the applicant.
  2. 2 Whether the applicant has shown good cause for rescission of the default judgment.
  3. 3 Whether proper service of process was effected on the applicant.

Ratio Decidendi

The court found that the applicant failed to prove that the default order was erroneously granted in his absence. The applicant's denial of receipt of the statement of claim, referral form, notice of taxation, and writ of execution was implausible, as he provided no reasonable explanation for failing to collect documents sent by registered mail or for the use of the correct fax number. The Rules authorise service by fax and registered mail, and transmission reports confirmed delivery. The applicant's allegations were found to be fabrications, and his denial of knowledge of Ms Benade was contradicted by the similarity of her account to his own. The applicant was found to be in wilful...

Court Disposition

Application for rescission of the default order is dismissed. Costs awarded against the applicant on an attorney and own client scale.

Orders

  • The application for rescission of the order of this Court dated 29 April 2009 is dismissed.
  • The applicant is to pay the respondent's costs on a scale as between attorney and own client.