Van der Merwe v Firstrand Bank t/a Wesbank and Barloworld Equipment Finance (1346/05)
Van der Merwe v Firstrand Bank t/a Wesbank and Barloworld Equipment Finance (1346/05) [2010] ZAECGHC 132; 2012 (1) SA 480 (ECG) (7 October 2010)
The court found that Rule 34(1) is clear and peremptory in requiring written authority for an attorney to sign an offer of settlement. In this case, the applicant's attorney accepted a settlement offer without such written authority, resulting in non-compliance with Rule 34(1). The judgment granted on 20 March 2008 was therefore erroneously granted, as the substantive requirements of the rule were not met. The court distinguished the present facts from those in Lodhi, noting that the error was fundamental and not merely procedural. Had the judge been aware of the lack of written authority, th…
Source excerpt
- Rescission Of Judgment
- Rule 34 Offer Of Settlement
- Written Authority Requirement
- Rule 42 Erroneous Grant
- Condonation