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Retief v Steyn N.O and Others (2021/14513) [2023] ZAGPJHC 198 (3 March 2023)
The High Court held that the executrix had standing and ordered the Belvedere Trust to repay the estate the reduced loan amount, plus interest and attorney-client costs.
Hageman NO and Another v Wilgeheuwel Aftree-oord (Pty) Ltd (2020/22358) [2021] ZAGPJHC 102 (27 July 2021)
Summary judgment was granted after the court found the defendant had not fully disclosed a bona fide defence under Rule 32 in a life-right repayment dispute.
Carenet Properties (Pty) Ltd v Boshoff N.O (57562/13) [2015] ZAGPPHC 381 (12 June 2015)
The High Court granted condonation and rescinded a default judgment, finding a prima facie bona fide defence based on a genuine dispute over contract interpretation.
Carenet Properties (Pty) Ltd v Boshoff N.O (57562/13) [2015] ZAGPPHC 480 (12 June 2015)
The court found that the applicant provided a valid and reasonable explanation for the delay in filing the rescission application, which was only four days late. The dispute regarding the interpretation of the life right agreement constituted a bona fide defence that warranted ventilation at trial. The court exercised its discretion to grant condonation and rescind the default judgment, noting that the object of rescission is to restore the opportunity to air a real dispute. The issue of costs was decided in favour of each party bearing its own costs, given the circumstances and the prospects…
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