Probert and Others v RLS Engineering (J4936/99) [2001] ZALC 118 (2 August 2001)

Probert and Others v RLS Engineering (J4936/99) [2001] ZALC 118 (2 August 2001)

The court found that the applicant failed to address the evidence that the notice of motion and affidavits were sent to him by fax and did not deny receipt of these documents. As a result, he failed to demonstrate that he was not in willful default. The application for rescission was therefore dismissed with costs.

Citation
[2001] ZALC 118
Parties
Applicant: Jack Samuel Probert & Others; Respondent: RLS Engineering
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 August 2001
Case Number
J4936/99
Procedural Posture
Rescission Application / Application for Rescission of Judgment
Outcome
Application for rescission dismissed with costs.
Judges
A A Landman
Legal Topics
Rescission of Judgment, Willful Default, Service of Process
Labour Law Civil Procedure Rescission of Judgment Willful Default Service of Process

Case Brief

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Parties

Jack Samuel Probert & Others

Applicant

RLS Engineering

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Judgment

Legal Issues

  1. 1 Whether the applicant has shown that he was not in willful default in failing to oppose the judgment.
  2. 2 Whether proper service of the notice of motion and affidavits was effected on the applicant.

Ratio Decidendi

The court found that the applicant failed to address the evidence that the notice of motion and affidavits were sent to him by fax and did not deny receipt of these documents. As a result, he failed to demonstrate that he was not in willful default. The application for rescission was therefore dismissed with costs.

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application for rescission is dismissed.
  • The applicant is ordered to pay the costs.