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Dzviti and Another v Westbrook Estate Homeowners Association NPC (84205/2019) [2024] ZAGPPHC 957 (20 September 2024)
The High Court dismissed an application to rescind a default levy judgment, finding no proper explanation for the default and no bona fide defence.
Van Heerden v Bronkhorst (846/19) [2020] ZASCA 147 (13 November 2020)
The majority held that the notice of motion, although a hybrid between forms 2 and 2(a), provided unequivocal notice of the hearing date and afforded all procedural rights. Service of the notice of hearing was effected via the electronic address provided by the appellant's attorneys, in accordance with the rules. The failure to receive the notice was due to internal affairs within the appellant's attorneys' office and did not constitute a procedural error or mistake in the proceedings. The appellant failed to provide a reasonable explanation for her default and did not establish a bona fide d…
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