China Construction Bank Corporation Johannesburg Branch v Gobel Agentskappe CC and Others (52295/2015)
China Construction Bank Corporation Johannesburg Branch v Gobel Agentskappe CC and Others (52295/2015) [2017] ZAGPPHC 447 (31 July 2017)
The court found that the defendants failed to provide a plausible or satisfactory explanation for the late application for postponement, despite having months of notice of the trial date. Their inactivity and delay in amending pleadings or seeking discovery were unjustified. The prejudice to the plaintiff, including the exponential increase of the debt, insufficient mortgage security, and unpaid costs orders, outweighed any prejudice to the defendants. The deregistration of some defendant companies further undermined their ability to repay the loan. The court exercised its discretion to refus…
Source excerpt
- Postponement Of Trial
- Loan Facility Agreement
- Suretyship Liability
- Discovery Procedure
- Prejudice Assessment