Pretorius v Visagie Drilling Contractors (14/30734) [2018] ZAGPJHC 675 (19 November 2018)

Pretorius v Visagie Drilling Contractors (14/30734) [2018] ZAGPJHC 675 (19 November 2018)

The applicant failed to provide a reasonable and valid explanation for her delay in bringing the rescission application, having done nothing for over two years after becoming aware of the judgment and after an attempted attachment of her movables. Her alleged bona fide belief that the trustee was attending to the judgment was found to be wholly improbable, and her inaction amounted to a reckless disregard of the judgment and its consequences. The applicant did not act bona fide and failed to demonstrate good cause for condonation. The extent and duration of her non-compliance were severe and unjustified. Granting condonation would undermine the respondent’s entitlement to finality and the...

Citation
[2018] ZAGPJHC 675
Parties
Applicant: Janet Pretorius; Respondent: Visagie Drilling Contractors
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 November 2018
Case Number
14/30734
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment and Condonation for Late Filing
Outcome
Application dismissed with costs on the attorney and client scale.
Judges
A A Crutchfield
Legal Topics
Rescission of Judgment, Condonation, Rule 31 2 B, Default Judgment, Suretyship Liability
Civil Procedure Rescission of Judgment Condonation Rule 31 2 B Default Judgment Suretyship Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Janet Pretorius

Applicant

Visagie Drilling Contractors

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment and Condonation for Late Filing

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the rescission application.
  2. 2 Whether the applicant has provided a reasonable explanation for her delay in bringing the application.
  3. 3 Whether the applicant acted bona fide and not with the intention to delay payment to the respondent.

Ratio Decidendi

The applicant failed to provide a reasonable and valid explanation for her delay in bringing the rescission application, having done nothing for over two years after becoming aware of the judgment and after an attempted attachment of her movables. Her alleged bona fide belief that the trustee was attending to the judgment was found to be wholly improbable, and her inaction amounted to a reckless disregard of the judgment and its consequences. The applicant did not act bona fide and failed to demonstrate good cause for condonation. The extent and duration of her non-compliance were severe and unjustified. Granting condonation would undermine the respondent’s entitlement to finality and the...

Court Disposition

Application dismissed with costs on the attorney and client scale.

Orders

  • The application is dismissed with costs on the scale as between attorney and client.
  • The respondent’s attorneys are requested to convey this judgment and the Court’s request to the South African Board for Sheriffs within one month of the date of judgment.