Stalcor (Pty) Limited v Cawac Solutions CC and Others (54182/13) [2014] ZAGPPHC 420 (30 May 2014)

Stalcor (Pty) Limited v Cawac Solutions CC and Others (54182/13) [2014] ZAGPPHC 420 (30 May 2014)

The court found that the applicant had, through its conduct and correspondence, accepted the second Deed of Cession. The applicant's instructions to the third respondent and the operation of the joint account demonstrated an expression of intention to accept the cession. The applicant's subsequent attempt to cancel the cession after judgment was insincere and not supported by authority. The court held that the applicant failed to disclose the existence of the cession when applying for default judgment, which was unfortunate as the Regional Court could have pronounced on the matter. The application to set aside the Deed of Cession was found to have no basis and was dismissed.

Citation
[2014] ZAGPPHC 420
Parties
Applicant: Stalcor (Pty) Limited; Respondent: Cawac Solutions CC; Respondent: Aucamp Christian; Respondent: Michielsen and Hofman CC; Respondent: The Sheriff of the Court - Boksburg
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 May 2014
Case Number
54182/13
Procedural Posture
Review Application / Application to Set Aside Deed of Cession
Outcome
Application dismissed with costs on attorney and client scale.
Judges
NP Mali
Legal Topics
Cession of Book Debt, Credit Facilities Agreement, Contractual Consensus, Default Judgment, Sale in Execution
Commercial and Corporate Civil Procedure Cession of Book Debt Credit Facilities Agreement Contractual Consensus Default Judgment Sale in Execution

Case Brief

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Parties

Stalcor (Pty) Limited

Applicant

Cawac Solutions CC

Respondent

Aucamp Christian

Respondent

Michielsen and Hofman CC

Respondent

The Sheriff of the Court - Boksburg

Respondent

Procedural Posture

Review Application / Application to Set Aside Deed of Cession

Legal Issues

  1. 1 Whether the second Deed of Cession between the applicant and first respondent was valid and accepted.
  2. 2 Whether the cession was cancelled by the default judgment obtained by the applicant.
  3. 3 Whether the applicant is entitled to set aside the Deed of Cession and compel direct payment from the first respondent.

Ratio Decidendi

The court found that the applicant had, through its conduct and correspondence, accepted the second Deed of Cession. The applicant's instructions to the third respondent and the operation of the joint account demonstrated an expression of intention to accept the cession. The applicant's subsequent attempt to cancel the cession after judgment was insincere and not supported by authority. The court held that the applicant failed to disclose the existence of the cession when applying for default judgment, which was unfortunate as the Regional Court could have pronounced on the matter. The application to set aside the Deed of Cession was found to have no basis and was dismissed.

Court Disposition

Application dismissed with costs on attorney and client scale.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay costs on attorney and client scale.