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Mothbi and Others v Brand Line Packaging (Pty) Ltd (JS971/2020) [2024] ZALCJHB 440 (6 November 2024)
The Labour Court dismissed a rescission application after the applicants failed to show the default order was erroneously granted or explain their absence.
Electprops 97 (Pty) Ltd t/a Manhour and Another v UCIMESHAWU obo Khosa and Others; In re: ICUMESHAWU obo Khosa and Others v Roots Butchery CC and Another (JS836/14) [2018] ZALCJHB 297 (20 September 2018)
The Labour Court rescinded a default judgment after finding the applicants had not been properly served and were unaware of the proceedings.
Beveral Investment t/a KFC v Fraser and Another (J1421/13) [2015] ZALCJHB 17 (28 January 2015)
The court found that the order making the arbitration award an order of court was erroneously granted because there was no conclusive proof that the applicant had received service of the section 158(1)(c) application. The mere transmission of a fax does not constitute proof of receipt, and in the absence of evidence that the applicant was aware of the application, the requirements for rescission under Rule 16A(1)(a) were met. The court held that had it been aware of the lack of service, it would not have made the order. Consequently, the order of 16 September 2014 was rescinded, and the conte…
Source excerpt
Kwesthuba Consulting (Pty) Ltd v Adesemowo (C142/2010) [2011] ZALCCT 26 (8 September 2011)
Rescission of a default judgment in an unfair dismissal matter was refused because the employer’s failure to respond was grossly negligent.
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