SB Guarantee Company (RF) Pty Ltd v Richardson and Another (Variation) (93741/20) [2024] ZAGPPHC 1385 (9 December 2024)
The court found that the omission of the executable monetary amount in paragraph 23.2 of the judgment was a patent error that did not reflect its true intention. Rule 42(1)(b) empowers the court to correct such errors or omissions, provided the correction does not alter the substance of the judgment. The variation...
Source-derived case information.
- Citation
- [2024] ZAGPPHC 1385
- Parties
- Applicant: SB Guarantee Company (RF) Pty Ltd; Respondent: Jason Richardson; Respondent: Cher Richardson
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Judgment Date
- 9 December 2024
- Case Number
- 93741/20
- Procedural Posture
- Variation Application / Variation Order Under Rule 42(1)(b) Following Judgment Delivery
- Outcome
- Paragraph 23.2 of the judgment is varied to specify the executable amount of the immovable property.
- Judges
- B Lesufi
- Legal Topics
- Variation of Judgment, Rule 42 Application, Patent Error or Omission
Source-derived case record
Summary, issues, holding and outcome
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Parties
SB Guarantee Company (RF) Pty Ltd
Applicant
Jason Richardson
Respondent
Cher Richardson
Respondent
Procedural Posture
Variation Application / Variation Order Under Rule 42(1)(b) Following Judgment Delivery
Legal Issues
- 1 Whether the omission of the executable monetary amount in paragraph 23.2 of the judgment constitutes a patent error or omission justifying variation under Rule 42(1)(b).
- 2 Whether the court is empowered to vary only the specific paragraph affected without altering the substance of the judgment.
Ratio Decidendi
The court found that the omission of the executable monetary amount in paragraph 23.2 of the judgment was a patent error that did not reflect its true intention. Rule 42(1)(b) empowers the court to correct such errors or omissions, provided the correction does not alter the substance of the judgment. The variation sought was limited to specifying the amount for which the immovable property is declared executable, and did not affect the intended sense or substance of the original order. The court was satisfied that the requirements for a variation order under Rule 42(1)(b) were met and accordingly varied paragraph 23.2 to reflect the correct executable amount.
Court Disposition
Paragraph 23.2 of the judgment is varied to specify the executable amount of the immovable property.
Orders
- Paragraph 23.2 of the judgment and order is varied and replaced with: 'The immovable property is declared executable for the aforesaid amount of R 3 359 977.49.'
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 93741/20
(1) REPORTABLE: NO
(2) OF INTEREST TO THE JUDGES: NO
(3) REVISED: NO
DATE: 09 December 2024
SIGNATURE:
In matter between
SB GUARANTEE COMPANY (RF) PTY LTD Applicant /Plaintiff
and
JASON RICHARDSON
First Respondent /Defendant
CHER RICHARDSON
Second Respondent/Defendant
VARIATION ORDER IN TERMS OF RULE 42 (1) (b)
LESUFI AJ:
Introduction
[1] This is a variation order in terms of Rule 42 (1)(b) of the Uniform Rules of the High Court relating to the judgment I handed down electrically by circulation to the parties' legal representatives by email and Caselines on 6 December 2024. Subsequently on the same day, it was brought to my attention by way of email from the parties that an error has slipped through in the order relating to the omission to reference the monetary amount of the immovable property being executed.
[2] On paragraph 23.2 of the judgment, I made the following error "The immovable property) is declared executable for the aforesaid amounts" The error relates to the part of the paragraph which orders the
executable amount in terms of the immovable property. I have therefore decided to reconsider the paragraph and what follows are
the brief reasons why I am of the view that, under the circumstance, this court is empowered to vary paragraph 23.2 of the judgment in terms of rule 42(1)(b). I deal first with the purpose of rule 42(1)(b) procedure.
The purpose of rule 42(1)(b)
[3] Rule 42(1)(b) of the High Court Rules makes provision for a procedure in which the court may mero motu or upon the application by any party affected by an order or judgment vary such order or judgment is so far as the court is of the view that there is an ambiguity, or a patent error or omission.
[4] It is trite that the rule empowers the court to make such a variation order but only to the extent of such ambiguity, error or omission. In other words, the rule does not allow the court to revisit the whole of its order or judgment. It limits the powers of the court to the removal of the ambiguity, error or omission concerned. This is what
this court is intending to achieve with this variation of paragraph 23.2 of the main judgment.
Variation of paragraph 23.2 of the main Judgment
[5] The error in paragraph 23.2 does not reflect the real intention of the court and/or not attributable to my intention in so far as the executable amount of the immovable property in the judgment is concerned. I am persuaded that I am empowered by rule 42(1)(b) to correct the error in paragraph 23.2 of the judgment to give effect to its true intention.[1] More so because the variation is not intended to extend to altering paragraph 23.2 intended sense or substance.[2]
Conclusion
[7] In my view, the error committed falls within the type of error mentioned above. In the application of the above principles, the variation of paragraph 23.2 is therefore justified under the circumstances. As a result, the costs order stands to be varied mero motu. Therefore, paragraph 23.2 in the judgment and order is varied and replaced with the following:
"'The immovable property ') is declared executable for the aforesaid amount of R 3 359 977.49"
B LESUFI
ACTING JUDGE OF THE HIGH COURT
APPEARANCES
For the Applicant Adv PR Long instructed by
Van Hulsteyns attorneys
For the Respondent Peter Zwane Attorneys
Date of hearing 21 October 2024
Date of Judgment 9 December 2024
[1] Firestone South Africa (Pty) Ltd v Genticuro AG 1977 (4) SA 298 (A) at 306F-307A; Mostert NO v Old Mutual Life Assurance Co (SA) Ltd 2002 (1) SA 82 (SCA) at 86D.
[2] Wessels & Co v De Beer 1919 AD 172 at 174; Randfontein Estates v Robinson 1921 AD 515 at 520; West Rand Estates Ltd v New Zealand Insurance Co Ltd 1926 AD 173 at 186-7. See also International Tobacco Co (SA) Ltd v United Tobacco Co (South) Ltd (2) 1955 (2) SA 29 (W); Thompson v South African Broadcasting Corporation [2000] ZASCA 76; 2001 (3) SA 746 (SCA) at 748-9.