Hattingh v Hattingh (4210/2010)
Hattingh v Hattingh (4210/2010) [2010] ZAFSHC 173; 2014 (3) SA 162 (FB) (23 December 2010)
The court found that the contract between the parties was not a credit agreement as defined by the National Credit Act. The agreement regulated the termination of joint business interests and did not establish a credit provider/consumer relationship. The defendant's reliance on section 129 of the Act was therefore misplaced, and the absence of a section 129 notice did not render the summons premature. The defendant failed to disclose any bona fide defence to the plaintiff's claim for summary judgment, and the court was satisfied that the plaintiff's case was unanswerable. Condonation for the…
Source excerpt
- Summary Judgment
- Contract Breach
- National Credit Act Interpretation
- Secured Loan
- Condonation Of Late Filing