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Kullman v Moloney and Others (2023/008569) [2023] ZAGPJHC 1290 (10 November 2023)
The High Court dismissed an opposed voluntary surrender application after finding that the applicant failed to prove reliable asset values, advantage to creditors, and good faith.
Ndema v Absa Bank Ltd and Others (EL: 283/2010, ECD: 583/2010) [2012] ZAECELLC 9 (18 May 2012)
The court found that the applicant's reliance on the Gundwana decision was misplaced, as the declaration of constitutional invalidity did not automatically render the default judgment void. The applicant was required to meet the ordinary requirements for rescission, including providing a reasonable explanation for the delay, absence of wilful default, and a bona fide defence. The applicant failed to provide a convincing explanation for the delay, was found to have been aware of the summons, and did not establish a substantive defence to the claim. The alleged overcharging was not substantiate…
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