V Z v V Z : In re: V Z v V Z (2020/31538) [2022] ZAGPJHC 694 (14 September 2022)

V Z v V Z : In re: V Z v V Z (2020/31538) [2022] ZAGPJHC 694 (14 September 2022)

The applicant failed to provide a reasonable and acceptable explanation for entering into the consent judgment, as he was a businessperson familiar with contractual agreements and had previously been legally represented. The application lacked bona fides, as it was an attempt to renege on a commercial settlement agreement rather than a maintenance dispute. The applicant did not present a bona fide defence with prospects of success, as his arguments regarding affordability and the impact of Covid-19 did not affect the contractual nature of the agreement. The court found no grounds under common law to rescind or vary the consent judgment, except for the executability order, which the...

Citation
[2022] ZAGPJHC 694
Parties
Applicant: V [....] 1 Z [....] 1 H [....] L [....]; Respondent: V [....] 2 Z [....] 2 T [....]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 September 2022
Case Number
2020/31538
Procedural Posture
Urgent Application / Application for Rescission And/or Variation of Consent Judgment
Outcome
Application for rescission and/or variation of judgment refused with costs, except for deletion of executability order by consent.
Judges
Thupaatlase AJ
Legal Topics
Rescission of Judgment, Variation of Court Order, Consent Judgment, Contractual Settlement, Divorce Settlement, Executability of Property
Civil Procedure Commercial and Corporate Family and Children Rescission of Judgment Variation of Court Order Consent Judgment Contractual Settlement Divorce Settlement +1 more

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Parties

V [....] 1 Z [....] 1 H [....] L [....]

Applicant

V [....] 2 Z [....] 2 T [....]

Respondent

Procedural Posture

Urgent Application / Application for Rescission And/or Variation of Consent Judgment

Legal Issues

  1. 1 Whether the applicant has established good and sufficient cause for rescission or variation of a consent judgment.
  2. 2 Whether the applicant provided a reasonable explanation for entering into the consent judgment.
  3. 3 Whether the applicant has a bona fide defence with prospects of success.

Ratio Decidendi

The applicant failed to provide a reasonable and acceptable explanation for entering into the consent judgment, as he was a businessperson familiar with contractual agreements and had previously been legally represented. The application lacked bona fides, as it was an attempt to renege on a commercial settlement agreement rather than a maintenance dispute. The applicant did not present a bona fide defence with prospects of success, as his arguments regarding affordability and the impact of Covid-19 did not affect the contractual nature of the agreement. The court found no grounds under common law to rescind or vary the consent judgment, except for the executability order, which the...

Court Disposition

Application for rescission and/or variation of judgment refused with costs, except for deletion of executability order by consent.

Orders

  • Application for rescission and/or variation of judgment in respect of part 1 of the judgment dated 19 January 2021 is refused with costs.
  • Part 4 of the said judgment is deleted by consent; no order as to costs.