Plumbtastic Plumbing CC and Another v Centurion Home Centre (Pty) Ltd t/a Home Centre Timber City In re: Centurion Home Centre (Pty) Ltd t/a Home Centre Timber City v Plumbtastic Plumbing CC and Another (2160/08) [2009] ZAGPHC 7 (28 January 2009)

Plumbtastic Plumbing CC and Another v Centurion Home Centre (Pty) Ltd t/a Home Centre Timber City In re: Centurion Home Centre (Pty) Ltd t/a Home Centre Timber City v Plumbtastic Plumbing CC and Another (2160/08) [2009] ZAGPHC 7 (28 January 2009)

The court found the explanation provided by the defendants regarding the delay in filing the appearance to defend to be credible, accepting that there was an agreement to fax the appearance. The court further held that the defence raised under the National Credit Act could not be decided on the papers and warranted a trial. As a result, the default judgment was set aside and the defendants were granted leave to defend the case on the merits.

Citation
[2009] ZAGPHC 7
Parties
Applicant: Plumbtastic Plumbing CC; Applicant: Ian Robert Swinton; Respondent: Centurion Home Centre (Pty) Ltd t/a Home Centre Timber City
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
28 January 2009
Case Number
2160/08
Procedural Posture
Review Application / Application to Set Aside Default Judgment
Outcome
Default judgment set aside; leave granted to defendants to defend the case on the merits.
Judges
Ebersohn
Legal Topics
Default Judgment, Irregular Proceedings, National Credit Act Compliance
Civil Procedure Default Judgment Irregular Proceedings National Credit Act Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Plumbtastic Plumbing CC

Applicant

Ian Robert Swinton

Applicant

Centurion Home Centre (Pty) Ltd t/a Home Centre Timber City

Respondent

Procedural Posture

Review Application / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment granted against the defendants should be set aside due to alleged irregularity in the filing of appearance to defend.
  2. 2 Whether the defendants have a bona fide defence based on the National Credit Act, No 34 of 2005.
  3. 3 Whether the delay in filing the appearance to defend was justified.

Ratio Decidendi

The court found the explanation provided by the defendants regarding the delay in filing the appearance to defend to be credible, accepting that there was an agreement to fax the appearance. The court further held that the defence raised under the National Credit Act could not be decided on the papers and warranted a trial. As a result, the default judgment was set aside and the defendants were granted leave to defend the case on the merits.

Court Disposition

Default judgment set aside; leave granted to defendants to defend the case on the merits.

Orders

  • The default judgment granted against both defendants on 14 February 2008 in case no. 2160/08 is set aside.
  • Leave is granted to the two defendants to defend the case on the merits.