South African Securitisation Programme RF Ltd v Initiative for Specialized Resources Management (Pty) Ltd and Others (2023/045850) [2024] ZAGPJHC 545 (6 June 2024)

South African Securitisation Programme RF Ltd v Initiative for Specialized Resources Management (Pty) Ltd and Others (2023/045850) [2024] ZAGPJHC 545 (6 June 2024)

The third defendant failed to disclose any bona fide defence to the plaintiff's claim for payment under the guarantee and as co-principal debtor. The alleged illegibility of the Terms of Business annexure does not constitute a triable issue, as the defendant did not request a better copy or plead any substantive...

Source-derived case information.

Citation
[2024] ZAGPJHC 545
Parties
Applicant: South African Securitisation Programme RF Ltd; Defendant: Initiative for Specialized Resources Management (Pty) Ltd; Defendant: Daniel Francois du Toit; Respondent: Rudolf Johannes van Wyk Rautenbach
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 June 2024
Case Number
2023/045850
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Against Third Defendant; Default Judgment Already Granted Against First and Second Defendants
Outcome
Summary judgment granted against the third defendant for payment as claimed, subject to any judgment granted against the first and/or second defendant.
Judges
N.S. Kruger
Legal Topics
Summary Judgment, Guarantee and Suretyship, Specific Performance, Certificate of Balance, Uniform Rules of Court, Master Rental Agreement
Civil Procedure Commercial and Corporate Summary Judgment Guarantee and Suretyship Specific Performance Certificate of Balance Uniform Rules of Court Master Rental Agreement

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Parties

South African Securitisation Programme RF Ltd

Applicant

Initiative for Specialized Resources Management (Pty) Ltd

Defendant

Daniel Francois du Toit

Defendant

Rudolf Johannes van Wyk Rautenbach

Respondent

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Against Third Defendant; Default Judgment Already Granted Against First and Second Defendants

Legal Issues

  1. 1 Whether the third defendant has disclosed a bona fide defence to the plaintiff's claim for payment under a guarantee and as co-principal debtor.
  2. 2 Whether the alleged illegibility of the Terms of Business annexure constitutes a triable issue justifying leave to defend.
  3. 3 Whether the affidavit supporting summary judgment and the certificate of balance comply with Uniform Rule of Court 32(2).

Ratio Decidendi

The third defendant failed to disclose any bona fide defence to the plaintiff's claim for payment under the guarantee and as co-principal debtor. The alleged illegibility of the Terms of Business annexure does not constitute a triable issue, as the defendant did not request a better copy or plead any substantive defence. The verifying affidavit and certificate of balance comply with Uniform Rule of Court 32(2), as the deponent is authorised and has personal knowledge of the records. The plaintiff's claim is substantiated by comprehensive annexures and particulars of claim. No adequate reasons were advanced for the court to exercise its discretion to grant leave to defend. Accordingly,...

Court Disposition

Summary judgment granted against the third defendant for payment as claimed, subject to any judgment granted against the first and/or second defendant.

Orders

  • Summary judgment is granted against the third respondent subject to any judgment granted against the first and/or second defendant.
  • Payment to the plaintiff in the sum of R 578,090.66.