Naidoo and Another v Consolidated Steel Industries (Pty) Ltd, in re: Consolidated Steel Industries (Pty) Ltd v Naidoo and Another (50682/13) [2017] ZAGPPHC 806 (23 November 2017)

Naidoo and Another v Consolidated Steel Industries (Pty) Ltd, in re: Consolidated Steel Industries (Pty) Ltd v Naidoo and Another (50682/13) [2017] ZAGPPHC 806 (23 November 2017)

The court found that the applicants failed to provide a reasonable explanation for the delay in launching the rescission application, having known of the judgment since June 2016 but only applying in December 2016. There was no confirmatory affidavit from the correspondent attorney, nor sufficient detail regarding the alleged counterclaim or defence. The absence of evidence and explanation from the attorneys involved undermined the credibility of the applicants' case. The court concluded that sufficient cause for rescission had not been shown and dismissed the application with costs.

Citation
[2017] ZAGPPHC 806
Parties
Applicant: Naidoo, Neelakandan; Applicant: Naidoo, Parvathy; Respondent: Consolidated Steel Industries (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 November 2017
Case Number
50682/13
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment
Outcome
Application for rescission dismissed with costs.
Judges
Neukircher
Legal Topics
Rescission of Judgment, Default Judgment, Sufficient Cause, Delay in Application
Civil Procedure Rescission of Judgment Default Judgment Sufficient Cause Delay in Application

Case Brief

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Parties

Naidoo, Neelakandan

Applicant

Naidoo, Parvathy

Applicant

Consolidated Steel Industries (Pty) Ltd

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the defendants have shown sufficient cause for rescission of the default judgment granted on 9 May 2016.
  2. 2 Whether the delay in launching the rescission application is adequately explained.
  3. 3 Whether the defendants have set out a bona fide defence with prospects of success.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable explanation for the delay in launching the rescission application, having known of the judgment since June 2016 but only applying in December 2016. There was no confirmatory affidavit from the correspondent attorney, nor sufficient detail regarding the alleged counterclaim or defence. The absence of evidence and explanation from the attorneys involved undermined the credibility of the applicants' case. The court concluded that sufficient cause for rescission had not been shown and dismissed the application with costs.

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application for rescission is dismissed with costs.