Naidoo v Standard Bank of South Africa (18307/2010) [2017] ZAGPPHC 780 (24 November 2017)

Naidoo v Standard Bank of South Africa (18307/2010) [2017] ZAGPPHC 780 (24 November 2017)

The application for rescission is dismissed as the applicant failed to establish any fact or irregularity unknown to the judge that would have precluded the granting of the default judgment. The applicant was represented by counsel during the application for postponement, and the judgment was not granted in his absence. All substantive issues raised by the applicant have been considered and dismissed by the trial court, the full court, the Supreme Court of Appeal, and the Constitutional Court, rendering them res judicata. The alleged misrepresentation in the certificate of compliance is inconsequential, as the correct designation of the signatory was disclosed, and the certificate serves...

Citation
[2017] ZAGPPHC 780
Parties
Applicant: Navin Naidoo; Respondent: The Standard Bank of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 November 2017
Case Number
18307/2010
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment Under Rule 42(1)(a)
Outcome
Application for rescission of judgment dismissed with costs on an attorney and own-client scale.
Judges
Murphy
Legal Topics
Rescission of Judgment, Default Judgment, National Credit Act, Section 129 Notice, Reckless Credit, Certificate of Balance
Civil Procedure Banking and Finance Rescission of Judgment Default Judgment National Credit Act Section 129 Notice Reckless Credit Certificate of Balance

Case Brief

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Parties

Navin Naidoo

Applicant

The Standard Bank of South Africa

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment Under Rule 42(1)(a)

Legal Issues

  1. 1 Whether the default judgment granted by Louw J was erroneously sought or erroneously granted in the absence of the applicant.
  2. 2 Whether the alleged misrepresentation by the respondent's attorney in the certificate of compliance renders the judgment incompetent and subject to rescission.
  3. 3 Whether the applicant is entitled to rescission under Rule 42(1)(a) of the Uniform Rules of Court given the history of appeals and prior determinations.

Ratio Decidendi

The application for rescission is dismissed as the applicant failed to establish any fact or irregularity unknown to the judge that would have precluded the granting of the default judgment. The applicant was represented by counsel during the application for postponement, and the judgment was not granted in his absence. All substantive issues raised by the applicant have been considered and dismissed by the trial court, the full court, the Supreme Court of Appeal, and the Constitutional Court, rendering them res judicata. The alleged misrepresentation in the certificate of compliance is inconsequential, as the correct designation of the signatory was disclosed, and the certificate serves...

Court Disposition

Application for rescission of judgment dismissed with costs on an attorney and own-client scale.

Orders

  • The application for rescission is dismissed.
  • The applicant is ordered to pay the costs of the application on an attorney and own-client scale.