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South Africa decisions
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Shackleton Credit Management (Pty) Ltd v van der Merwe (2023/064985) [2024] ZAGPJHC 109 (12 February 2024)
The High Court granted default judgment for two liquidated debts, holding that an unsigned written memorial of an orally concluded loan agreement was enforceable.
Nedbank Limited v Jacobs (2023-000396) [2024] ZAGPJHC 9 (12 January 2024)
The High Court refused Nedbank’s default judgment application, holding that the pleaded fraud-and-negligence claim was not shown to be a liquidated demand under Rule 31(5).
Kroezen v Coetzee (3461/2021) [2022] ZAFSHC 308 (24 October 2022)
The High Court rescinded a default judgment after finding defective service and that the Registrar could not grant default judgment on a delictual damages claim.
Auditor-General of South Africa v Accounting Officer of Gateway Airports Authority (Ltd) and Another (124/2022) [2022] ZALMPPHC 27 (26 May 2022)
The court held that the plaintiff's claim for audit fees is a debt or liquidated demand because the amount is determined in accordance with section 23(1) of the Public Audit Act, after consultation with the oversight mechanism and National Treasury, and is ascertainable by mere calculation. The claim is not based on an implied term or quantum meruit requiring the court to determine reasonableness. Therefore, the application for default judgment should have been referred to the Registrar in terms of Rule 31(5)(a), as the claim meets the requirements for a debt or liquidated demand.
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Nedbank Limited v Mollentze; Firstrand Auto Receivables (RF) Ltd v Radebe and Another (2757/2021) [2022] ZAMPMHC 5; 2022 (4) SA 597 (ML) (23 March 2022)
The court held that section 130(3) of the National Credit Act does not prohibit registrars from granting default judgment in matters governed by the Act. The registrar's powers are established by section 23 of the Superior Courts Act and Rule 31(5)(a), which authorize the registrar to grant default judgment for debts or liquidated demands, including cancellation and return of movable property under a credit agreement. The majority decision in Nkata did not address the registrar's competence under section 130(3), and reliance on the minority judgment is misplaced. The registrar's role is proce…
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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.
First National Bank, A Division of First Rand Bank Limited v Antley Lighting (Pty) Ltd and Others (31890/2019) [2021] ZAGPPHC 421 (11 June 2021)
The High Court dismissed an exception to a simple summons, holding that the attack should have been directed at the declaration, not the summons.
Weavind & Weavind Incorporated v Manley N.O (A213/18) [2019] ZAGPPHC 1030 (6 December 2019)
Appeal dismissed in a summary judgment dispute over repayment of R72,039.31 from an estate account, with the court finding no bona fide defence.
Ziehl t/a Gustav Ziehl Makelaars v Old Mutual Life Assurance Company (South Africa) Ltd (4327/2017) [2018] ZAWCHC 135 (23 October 2018)
The High Court dismissed an application for condonation and rescission of a default judgment, finding no good cause, no adequate explanation for delay, and no bona fide defence.
Corrigan Investments (Pty) Ltd t/a Kevcor v BMI Driving (Pty) Ltd (3939/2017) [2017] ZAFSHC 204 (9 November 2017)
The High Court granted summary judgment for goods sold and delivered, holding the claim was liquidated and the defendant raised no bona fide defence.
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