Van Heerden and Another v Hambsch (7408/2017) [2021] ZAGPPHC 375 (18 June 2021)

Van Heerden and Another v Hambsch (7408/2017) [2021] ZAGPPHC 375 (18 June 2021)

The court found that the settlement agreement made an order of court did not qualify as a credit agreement under section 8(4)(f) of the National Credit Act, as the underlying civil contractor agreement was not a credit agreement and the subsequent settlement agreements were interdependent with it. The respondent was not obliged to register as a credit provider or comply with sections 129 and 130 of the NCA. The applicants consented to the order being made and were not absent when it was granted, as evidenced by correspondence from their attorneys and their subsequent compliance with the order. The applicants failed to show sufficient cause for rescission under Uniform Rule 42(1)(a), Rule...

Citation
[2021] ZAGPPHC 375
Parties
Applicant: Fred Van Heerden; Applicant: Import Export 2020 (Pty) Ltd; Respondent: Bernie Hambsch
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 June 2021
Case Number
7408/2017
Procedural Posture
Rescission Application / Application for Rescission of Court Order and Condonation for Late Filing
Outcome
Application for rescission dismissed with costs.
Judges
MNGQIBISA-THUSI
Legal Topics
Rescission of Judgment, Settlement Agreement, National Credit Act, Credit Provider Registration, Default Judgment, Condonation
Civil Procedure Commercial and Corporate Rescission of Judgment Settlement Agreement National Credit Act Credit Provider Registration Default Judgment Condonation

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Parties

Fred Van Heerden

Applicant

Import Export 2020 (Pty) Ltd

Applicant

Bernie Hambsch

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Court Order and Condonation for Late Filing

Legal Issues

  1. 1 Whether the settlement agreement made an order of court qualifies as a credit agreement under the National Credit Act.
  2. 2 Whether the respondent was obliged to register as a credit provider under the NCA.
  3. 3 Whether the applicants have shown sufficient cause for rescission under Uniform Rule 42(1)(a), Rule 31(2)(b), or the common law.

Ratio Decidendi

The court found that the settlement agreement made an order of court did not qualify as a credit agreement under section 8(4)(f) of the National Credit Act, as the underlying civil contractor agreement was not a credit agreement and the subsequent settlement agreements were interdependent with it. The respondent was not obliged to register as a credit provider or comply with sections 129 and 130 of the NCA. The applicants consented to the order being made and were not absent when it was granted, as evidenced by correspondence from their attorneys and their subsequent compliance with the order. The applicants failed to show sufficient cause for rescission under Uniform Rule 42(1)(a), Rule...

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application is dismissed with costs.