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First Rand Bank Ltd v Nolan and Others (1695/24) [2024] ZAWCHC 191 (24 July 2024)
The High Court postponed four unopposed bank default-judgment and Rule 46A matters to allow negotiations and sworn proof of settlement efforts.
Pieterse v BMW Financial Services SA (Pty) Ltd (32048/2020) [2024] ZAGPPHC 599 (7 June 2024)
The High Court rescinded a default judgment against a vehicle buyer, reinstated the instalment sale agreement, and awarded attorney-client costs.
Nedbank Limited v Vika Investments Trust and Others (24058/2021) [2024] ZAGPJHC 27 (17 January 2024)
The court found that the trust, as principal debtor, did not oppose the summary judgment application and that the sureties' opposition was unsupported by confirmatory affidavits or substantive evidence. The National Credit Act does not apply to trusts, which are juristic persons, nor to sureties acting through such trusts. The defence of reckless credit and reliance on consumer protections under the Act was rejected. The court held that the defendants failed to raise a bona fide defence or provide sufficient evidence regarding the impact of execution on their constitutional rights. Due to ins…
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Ilitha Group Holdings Proprietary Limited v Sunrise Energy Proprietary Limited and Others (19854/2022) [2023] ZAWCHC 331 (14 December 2023)
Business rescue application dismissed after the court found Sunrise Energy was not financially distressed and that the case was driven by shareholder disagreement.
Nqaba Guarantee Spv (PTY) LTD and Another v Khayelihle Trust and Another (47603/2017) [2023] ZAGPJHC 750 (29 June 2023)
The court found that the trust is liable for the outstanding loan amount and interest, as all suspensive conditions of the loan agreement were met and the trust failed to settle the arrears. The debt restructuring order obtained by Mr Ngutshane in his personal capacity did not affect the trust's liability, as it was not sought in respect of the trust. The court held that Rule 46A applies to residential property owned by a trust where beneficiaries reside, requiring a fact-specific enquiry. The trust failed to provide sufficient evidence of its ability to settle the debt or any relevant person…
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Firstrand Bank Limited v The Magistrate for the District of Ekurhuleni North and Others (13341/2021) [2022] ZAGPJHC 338 (16 May 2022)
The High Court dismissed Firstrand Bank’s review of a debt restructuring order, holding the challenge was directed at the outcome and that the order remained lawful.
Knoesen and Others v Absa Bank Limited (1187/2015) [2020] ZAFSHC 138 (25 June 2020)
The court found that the defendants failed to provide a reasonable explanation for the late filing of their application for leave to appeal, as no explanation was given for the critical period between 5 and 9 September 2019. The delay, though short, was not excused by any substantive reason. On the merits, the defendants did not present evidence to rebut the plaintiff's proof that payments were not received as required by the debt restructuring order. The plaintiff was not obliged to call the payment distribution agent; the burden was on the defendants to show punctual payment. The other argu…
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Wesbank, A Division of First Rand Bank Ltd v Coetzee and Others (NCT/124350/2019/165) [2019] ZANCT 57 (17 April 2019)
The Tribunal found that the order granted on 8 August 2018 did not reflect the agreed balance and monthly instalments for Wesbank account number 852[…], constituting an obvious error. In the absence of any answering affidavits from the Respondents, the Applicant's allegations were deemed admitted. Section 165(b) of the National Credit Act provides for variation of an order to correct an obvious error. The Tribunal was satisfied that the requirements for variation were met and that the error was clear and material. Accordingly, the Tribunal granted the application to vary the order to reflect…
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Sager and Another v Absa Bank Limited and Others (NCT/120384/2018/165) [2019] ZANCT 19 (4 March 2019)
The Tribunal refused to vary a consent order confirming a debt re-arrangement, finding no obvious error or ambiguity and rejecting reliance on a later bank letter.
Changing Tides 17 (Pty) Ltd NO v Mabiletsa and Others; Absa Bank v Montwetsana (30443/2017; 30147/2018) [2018] ZAGPJHC 605; [2019] 1 All SA 619 (GJ) (14 November 2018)
The court held that foreclosure and monetary judgment on bonded residential property cannot be granted without full judicial oversight and consideration of all relevant circumstances, including the debtor's personal and financial situation. In both cases, the court found that the defendants had presented credible evidence of hardship and efforts to rehabilitate their financial positions. The court emphasized that socio-economic legislation and constitutional rights require a proportional and equitable approach, not automatic enforcement of contractual terms. In Changing Tides, the court quest…
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