Road Accident Fund v Botes (36536/2019) [2023] ZAGPJHC 365 (21 April 2023)

Road Accident Fund v Botes (36536/2019) [2023] ZAGPJHC 365 (21 April 2023)

The applicant failed to provide a full and reasonable explanation for its delay and omission, and did not disclose a bona fide defence in its founding affidavit. The evidence showed that both applications were served physically and electronically, and the applicant did not dispute physical service. The court found that the application was not bona fide but intended to delay the respondent's claim, and that granting the indulgence sought would seriously prejudice the respondent. Accordingly, the application for rescission and reinstatement of defence was dismissed with costs.

Citation
[2023] ZAGPJHC 365
Parties
Applicant: Road Accident Fund; Respondent: Antonie Johannes Lourens Botes
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 April 2023
Case Number
36536/2019
Procedural Posture
Urgent Application / Application for Rescission and Reinstatement of Defence After Default Judgment and Orders Compelling Discovery and Striking Out Defence.
Outcome
Application for rescission and reinstatement of defence dismissed with costs.
Judges
Strijdom
Legal Topics
Rescission of Judgment, Default Judgment, Rule 27 Uniform Rules, Discovery Affidavit, Condonation of Non Compliance
Civil Procedure Land and Property Rescission of Judgment Default Judgment Rule 27 Uniform Rules Discovery Affidavit Condonation of Non Compliance

Case Brief

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Parties

Road Accident Fund

Applicant

Antonie Johannes Lourens Botes

Respondent

Procedural Posture

Urgent Application / Application for Rescission and Reinstatement of Defence After Default Judgment and Orders Compelling Discovery and Striking Out Defence.

Legal Issues

  1. 1 Whether the applicant has shown good cause for rescission of the orders compelling discovery and striking out its defence.
  2. 2 Whether the applicant's non-compliance with the Rules should be condoned under Rule 27.
  3. 3 Whether the application for rescission was bona fide or intended to delay the respondent's claim.

Ratio Decidendi

The applicant failed to provide a full and reasonable explanation for its delay and omission, and did not disclose a bona fide defence in its founding affidavit. The evidence showed that both applications were served physically and electronically, and the applicant did not dispute physical service. The court found that the application was not bona fide but intended to delay the respondent's claim, and that granting the indulgence sought would seriously prejudice the respondent. Accordingly, the application for rescission and reinstatement of defence was dismissed with costs.

Court Disposition

Application for rescission and reinstatement of defence dismissed with costs.

Orders

  • The application is dismissed with costs.