Hartley and Another v Nedbank (28772/19) [2020] ZAGPPHC 69 (10 March 2020)

Hartley and Another v Nedbank (28772/19) [2020] ZAGPPHC 69 (10 March 2020)

The court found that the applicants failed to ensure that all essential documents were placed before the court, which is necessary for the proper adjudication of an application for rescission of default judgment. While Nedbank opposed the postponement, the court determined that no prejudice would result from granting it, provided that the applicants bear the costs of the postponement on an attorney and client scale due to the delay caused by their conduct. The court granted the postponement and set timelines for the filing of supplementary papers and responses.

Citation
[2020] ZAGPPHC 69
Parties
Applicant: Dane Michael Hartley; Applicant: John Colin Hartley; Respondent: Nedbank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 March 2020
Case Number
28772/19
Procedural Posture
Stay Application / Application for Stay and Rescission of Default Judgment
Outcome
Application postponed sine die with costs against the applicants on an attorney and client scale.
Judges
Neukircher
Legal Topics
Default Judgment, Rescission of Judgment, Suretyship Validity, Notice of Intention to Defend, Attorney and Client Costs
Civil Procedure Banking and Finance Default Judgment Rescission of Judgment Suretyship Validity Notice of Intention to Defend Attorney and Client Costs

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Parties

Dane Michael Hartley

Applicant

John Colin Hartley

Applicant

Nedbank Limited

Respondent

Procedural Posture

Stay Application / Application for Stay and Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment granted against the applicants should be stayed and rescinded.
  2. 2 Whether Nedbank complied with the procedural requirements for obtaining default judgment, including service of summons and notice of set down.
  3. 3 Whether the suretyship agreement signed by the applicants is valid.

Ratio Decidendi

The court found that the applicants failed to ensure that all essential documents were placed before the court, which is necessary for the proper adjudication of an application for rescission of default judgment. While Nedbank opposed the postponement, the court determined that no prejudice would result from granting it, provided that the applicants bear the costs of the postponement on an attorney and client scale due to the delay caused by their conduct. The court granted the postponement and set timelines for the filing of supplementary papers and responses.

Court Disposition

Application postponed sine die with costs against the applicants on an attorney and client scale.

Orders

  • The application is postponed sine die.
  • The applicants are to supplement their papers, if they wish to do so, on or before 12h00 on 16 March 2020.