Superb Meat Market Supplies CC v Maritz (J3232.00) [2002] ZALC 133; [2002] 7 BLLR 682 (LC) (24 April 2002)

Superb Meat Market Supplies CC v Maritz (J3232.00) [2002] ZALC 133; [2002] 7 BLLR 682 (LC) (24 April 2002)

The court found that the applicant, Superb Meat Market Supplies CC, was in wilful default by failing to monitor its litigation and by recklessly signing documents intended for court use. The alleged fraudulent conduct of the former attorney, Majola, did not absolve the applicant of responsibility. The applicant had opportunities to defend, had filed a statement of defence, and participated in pre-trial procedures. There was no evidence that the judgment was granted erroneously by the presiding judge. The court held that the applicant's disinterest and abandonment of its case to its attorney amounted to wilful default. The application for rescission and stay of execution was dismissed, and...

Citation
[2002] ZALC 133
Parties
Applicant: Superb Meat Market Supplies CC; Respondent: C Maritz
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
24 April 2002
Case Number
J3232.00
Procedural Posture
Urgent Application / Second Rescission Application and Stay of Writ
Outcome
Application dismissed with costs; costs awarded jointly and severally against the applicant and its former attorney, provisionally subject to objection.
Judges
AA Landman
Legal Topics
Rescission of Judgment, Wilful Default, Fraudulent Affidavit, Stay of Execution
Labour Law Civil Procedure Rescission of Judgment Wilful Default Fraudulent Affidavit Stay of Execution

Case Brief

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Parties

Superb Meat Market Supplies CC

Applicant

C Maritz

Respondent

Procedural Posture

Urgent Application / Second Rescission Application and Stay of Writ

Legal Issues

  1. 1 Whether the applicant's second rescission application should be granted.
  2. 2 Whether the applicant was in wilful default of appearance at trial.
  3. 3 Whether the judgment was granted erroneously.

Ratio Decidendi

The court found that the applicant, Superb Meat Market Supplies CC, was in wilful default by failing to monitor its litigation and by recklessly signing documents intended for court use. The alleged fraudulent conduct of the former attorney, Majola, did not absolve the applicant of responsibility. The applicant had opportunities to defend, had filed a statement of defence, and participated in pre-trial procedures. There was no evidence that the judgment was granted erroneously by the presiding judge. The court held that the applicant's disinterest and abandonment of its case to its attorney amounted to wilful default. The application for rescission and stay of execution was dismissed, and...

Court Disposition

Application dismissed with costs; costs awarded jointly and severally against the applicant and its former attorney, provisionally subject to objection.

Orders

  • The application is dismissed.
  • The applicant and attorney NN Majola and his firm are ordered to pay the respondent's costs, jointly and severally, the one paying, the other to be absolved.