BTI World Travel v Alexandrakis (JR 543/06)
BTI World Travel v Alexandrakis (JR 543/06) [2009] ZALC 198 (22 July 2009)
The court held that the applicant, having only filed a notice to oppose and failing to file an answering affidavit or object to the incomplete record, did not comply with the requirements of Rule 7A(9). Therefore, the registrar was not obliged to notify the applicant of the set down date. The applicant's failure to act constituted a waiver of its right to notice. The default judgment was not granted in error, and the applicant was not entitled to rescission. The court found no evidence of a contrary practice in the Labour Court and dismissed the application for rescission.
Source excerpt
- Rescission Of Judgment
- Default Judgment
- Notice Of Set Down
- Review Of Arbitration Award
- Rule 7a
- Rule 16