SACCAWU v Dendy (55/07/01) [2007] ZAGPHC 265 (4 October 2007)

SACCAWU v Dendy (55/07/01) [2007] ZAGPHC 265 (4 October 2007)

The applicant failed to provide any reasonable or acceptable explanation for its failure to oppose the summary judgment application. There was no indication to the court or the respondent that the application was opposed, and no opposing affidavit was filed. The delay from 17 April 2007 to 29 August 2007 in bringing the rescission application was not explained satisfactorily. The founding affidavit contained a concession that the respondent was instructed and that payments were made as required, amounting to an admission of the claim. The respondent's answering affidavit provided full details of the claim, which were not disputed by a replying affidavit. The only argument advanced in...

Citation
[2007] ZAGPHC 265
Parties
Applicant: SACCAWU; Respondent: Mervin Dendy
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
4 October 2007
Case Number
6355/07
Procedural Posture
Urgent Application / Application for Rescission of Summary Judgment
Outcome
Application for rescission of summary judgment dismissed with costs.
Judges
Snyders
Legal Topics
Rescission of Judgment, Summary Judgment, Delay in Application, Failure to Oppose, Costs Award
Civil Procedure Rescission of Judgment Summary Judgment Delay in Application Failure to Oppose Costs Award

Case Brief

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Parties

SACCAWU

Applicant

Mervin Dendy

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Summary Judgment

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for failing to oppose the summary judgment application.
  2. 2 Whether the delay in bringing the rescission application was adequately explained.
  3. 3 Whether the applicant disclosed a bona fide defence to the respondent's claim.

Ratio Decidendi

The applicant failed to provide any reasonable or acceptable explanation for its failure to oppose the summary judgment application. There was no indication to the court or the respondent that the application was opposed, and no opposing affidavit was filed. The delay from 17 April 2007 to 29 August 2007 in bringing the rescission application was not explained satisfactorily. The founding affidavit contained a concession that the respondent was instructed and that payments were made as required, amounting to an admission of the claim. The respondent's answering affidavit provided full details of the claim, which were not disputed by a replying affidavit. The only argument advanced in...

Court Disposition

Application for rescission of summary judgment dismissed with costs.

Orders

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