Tobias v Road Accident Fund (11652/2021) [2023] ZAGPPHC 1882 (9 November 2023)

Tobias v Road Accident Fund (11652/2021) [2023] ZAGPPHC 1882 (9 November 2023)

Default judgment cannot be granted where the defendant files a notice of intention to defend after the expiry of the prescribed period but before judgment is granted. Uniform Rule 19(5) expressly allows for the late filing of such notice, provided it is delivered before default judgment is granted. The plaintiff is entitled to wasted costs where the defendant's notice is delivered after the application for default judgment has been lodged, as the defendant's conduct results in unnecessary delay and wasted legal effort. The court removed the matter from the roll and ordered the defendant to pay the wasted costs.

Citation
[2023] ZAGPPHC 1882
Parties
Plaintiff: Leboang Leonard Tobias; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 November 2023
Case Number
11652/2021
Procedural Posture
Civil Procedure / Application for Default Judgment; Interlocutory Proceedings
Outcome
Default judgment refused; matter removed from the roll; defendant ordered to pay wasted costs.
Judges
Kruger-Van Staden
Legal Topics
Default Judgment, Notice of Intention to Defend, Uniform Rule 19, Practice Directive, Wasted Costs
Civil Procedure Default Judgment Notice of Intention to Defend Uniform Rule 19 Practice Directive Wasted Costs

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Parties

Leboang Leonard Tobias

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Procedure / Application for Default Judgment; Interlocutory Proceedings

Legal Issues

  1. 1 Whether default judgment can be granted when the defendant files a notice of intention to defend after the expiry of the prescribed period but before judgment is granted.
  2. 2 Whether the plaintiff is entitled to wasted costs when the defendant files a late notice of intention to defend after the application for default judgment has been lodged.

Ratio Decidendi

Default judgment cannot be granted where the defendant files a notice of intention to defend after the expiry of the prescribed period but before judgment is granted. Uniform Rule 19(5) expressly allows for the late filing of such notice, provided it is delivered before default judgment is granted. The plaintiff is entitled to wasted costs where the defendant's notice is delivered after the application for default judgment has been lodged, as the defendant's conduct results in unnecessary delay and wasted legal effort. The court removed the matter from the roll and ordered the defendant to pay the wasted costs.

Court Disposition

Default judgment refused; matter removed from the roll; defendant ordered to pay wasted costs.

Orders

  • Default judgment is refused.
  • The matter is removed from the roll.