Nedbank Ltd v Mateman and Another, Nedbank Ltd v Stringer and Another (36472/2007, 37792/2007) [2007] ZAGPHC 295; 2008 (4) SA 276 (T); [2008] 1 All SA 593 (T) (7 December 2007)

Nedbank Ltd v Mateman and Another, Nedbank Ltd v Stringer and Another (36472/2007, 37792/2007) [2007] ZAGPHC 295; 2008 (4) SA 276 (T); [2008] 1 All SA 593 (T) (7 December 2007)

The court held that the National Credit Act does not expressly or by necessary implication oust the jurisdiction of the High Court or its registrar to grant default judgments in matters governed by the Act. The relevant clauses in Nedbank's standard mortgage bond do not constitute unlawful consent to jurisdiction, as they merely reserve the plaintiff's right to approach the High Court and do not require the consumer to consent to the High Court's jurisdiction where the magistrate's court has concurrent jurisdiction. Section 127 of the Act, dealing with the surrender of goods, does not address or restrict the jurisdiction of the High Court. The court emphasized that forum shopping concerns...

Citation
[2007] ZAGPHC 295
Parties
Plaintiff: Nedbank Ltd; Defendant: Ivan Godfrey Mateman; Defendant: Juliana Gwyneth Cordelia Mateman; Defendant: Daniel Thomas Stringer; Defendant: Helena Beatriz Dry
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
7 December 2007
Case Number
36472/2007, 37792/2007
Procedural Posture
Default Judgment Application / Application for Default Judgment Referred by Registrar to Full Court
Outcome
Default judgment granted against all defendants in both cases; costs awarded on the magistrate's court scale.
Judges
Van der Merwe, Du Plessis, Visser
Legal Topics
National Credit Act, Default Judgment, Jurisdiction of High Court, Unlawful Credit Agreement Provisions
Civil Procedure Banking and Finance National Credit Act Default Judgment Jurisdiction of High Court Unlawful Credit Agreement Provisions

Case Brief

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Parties

Nedbank Ltd

Plaintiff

Ivan Godfrey Mateman

Defendant

Juliana Gwyneth Cordelia Mateman

Defendant

Daniel Thomas Stringer

Defendant

Helena Beatriz Dry

Defendant

Procedural Posture

Default Judgment Application / Application for Default Judgment Referred by Registrar to Full Court

Legal Issues

  1. 1 Does the National Credit Act oust or limit the jurisdiction of the High Court and its registrar to grant default judgments in matters governed by the Act?
  2. 2 Are the jurisdiction clauses in Nedbank's standard mortgage bond unlawful under section 90(2)(k)(vi) of the National Credit Act?
  3. 3 Does section 127(8) of the National Credit Act require proceedings to be instituted only in the magistrate's court?

Ratio Decidendi

The court held that the National Credit Act does not expressly or by necessary implication oust the jurisdiction of the High Court or its registrar to grant default judgments in matters governed by the Act. The relevant clauses in Nedbank's standard mortgage bond do not constitute unlawful consent to jurisdiction, as they merely reserve the plaintiff's right to approach the High Court and do not require the consumer to consent to the High Court's jurisdiction where the magistrate's court has concurrent jurisdiction. Section 127 of the Act, dealing with the surrender of goods, does not address or restrict the jurisdiction of the High Court. The court emphasized that forum shopping concerns...

Court Disposition

Default judgment granted against all defendants in both cases; costs awarded on the magistrate's court scale.

Orders

  • Judgment is granted against the first and second defendants jointly and severally, the one paying the other to be absolved, in terms of prayers 1, 2 and 3 of the notice of application in case number 36472/2007.
  • The defendants in case number 36472/2007 are ordered to pay the costs of suit jointly and severally on the magistrate's court scale.