Jansen Van Vuuren v Reinecke (703/2012) [2014] ZAFSHC 109 (24 July 2014)

Jansen Van Vuuren v Reinecke (703/2012) [2014] ZAFSHC 109 (24 July 2014)

The court held that rule 31(5)(d) may be invoked by a defendant to seek rescission of a default judgment granted by the registrar. The words 'any party' in the rule support this interpretation. The registrar is only competent to grant default judgment for debts or liquidated demands, and most of the plaintiff's claims were unliquidated and thus not within the registrar's competence. The defendant provided a reasonable and undisputed explanation for her default, and the default judgment was incompetent. In these circumstances, good cause for rescission was established even without evidence of a defence on the merits. The court exercised its own discretion and set aside the default...

Citation
[2014] ZAFSHC 109
Parties
Plaintiff: R P Jansen Van Vuuren; Defendant: H C Reinecke
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 July 2014
Case Number
703/2012
Procedural Posture
Civil Procedure / Application for Rescission and Reconsideration of Default Judgment Under Rule 31(5)(d)
Outcome
Default judgment set aside; defendant granted leave to deliver a plea; defendant ordered to pay costs of reconsideration proceedings.
Judges
C. H. G. Van Der Merwe
Legal Topics
Default Judgment, Rescission of Judgment, Rule 31 5 D, Good Cause Requirement, Liquidated and Unliquidated Claims
Civil Procedure Default Judgment Rescission of Judgment Rule 31 5 D Good Cause Requirement Liquidated and Unliquidated Claims

Case Brief

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Parties

R P Jansen Van Vuuren

Plaintiff

H C Reinecke

Defendant

Procedural Posture

Civil Procedure / Application for Rescission and Reconsideration of Default Judgment Under Rule 31(5)(d)

Legal Issues

  1. 1 Whether rule 31(5)(d) may be invoked by a defendant to seek rescission of a default judgment granted by the registrar.
  2. 2 Whether the reconsideration under rule 31(5)(d) is limited to the documentation placed before the registrar by the plaintiff.
  3. 3 Whether the defendant must show good cause, including a bona fide defence, to succeed in rescission under rule 31(5)(d).

Ratio Decidendi

The court held that rule 31(5)(d) may be invoked by a defendant to seek rescission of a default judgment granted by the registrar. The words 'any party' in the rule support this interpretation. The registrar is only competent to grant default judgment for debts or liquidated demands, and most of the plaintiff's claims were unliquidated and thus not within the registrar's competence. The defendant provided a reasonable and undisputed explanation for her default, and the default judgment was incompetent. In these circumstances, good cause for rescission was established even without evidence of a defence on the merits. The court exercised its own discretion and set aside the default...

Court Disposition

Default judgment set aside; defendant granted leave to deliver a plea; defendant ordered to pay costs of reconsideration proceedings.

Orders

  • The default judgment granted by the registrar of this court on 26 November 2013 in case 703/2012 is set aside.
  • The defendant is granted leave to deliver a plea within 20 days from date of this judgment.