Hudson v Fedbond Nominees (Pty) Limited (2004/13659)
Hudson v Fedbond Nominees (Pty) Limited (2004/13659) [2017] ZAGPJHC 378 (6 March 2017)
The court found that the plaintiff failed to discharge the onus of proving that the referee's report was unreasonable, irregular, or led to a patently inequitable result. The calculations and procedures adopted by the referee were thorough and considered all relevant factors, including the plaintiff's arguments. The principal judgment debt of Dalmatian Properties (Pty) Ltd was not discharged, as interest continued to accrue and the total payments made did not extinguish the debt. Consequently, the plaintiff's accessory liability as surety was not extinguished. The court held that the plaintif…
Source excerpt
- Suretyship
- Referee Procedure
- Judgment Debt
- Accessory Liability
- Costs Orders