- Flynote
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Rescission of judgment – rule 42(1)(a) – notice of motion a hybrid
between form 2 and form 2(a) – form condoned – no prejudice to any affected party – notice of hearing delivered to electronic address provided by respondent, but not received – not constituting procedural error – judgment not erroneously sought or erroneously granted.
Rescission in terms of common law – good cause – must allege facts which, if proved, would constitute a defence valid in law, with some prospect of success – bona fide defence not made out.
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Cited documents 9
Judgment 8
- EH Hassim Hardware (Pty) Ltd v Fab Tanks CC (1129 of 2016) [2017] ZASCA 145 (13 October 2017)
- Ferris and Another v Firstrand Bank Limited and Another [2013] ZACC 46 (12 December 2013)
- Lodhi 2 Properties Investments CC v Bondev Developments (Pty) Ltd (128/2006) [2007] ZASCA 85 (1 June 2007)
- Minister of Land Affairs and Agriculture and Others v D & F Wevell Trust and Others (171/2006) [2007] ZASCA 153 (28 November 2007)
- Motloung and Another v The Sheriff, Pretoria East and Others (1394/2018) [2020] ZASCA 25 (26 March 2020)
- Road Accident Fund v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015)
- Top Trailers (Pty) Ltd and Another v Kotze (1006/2018) [2019] ZASCA 141 (1 October 2019)
- Wightman t/a J W Construction v Headfour (Pty) Ltd and Another (66/2007) [2008] ZASCA 6 (10 March 2008)
Legislation 1
Documents citing this one 3
Judgment 3
- HMT Projects (Pty) Ltd v Van Den Heever N.N.O. and Others; In Re: Van Den Heever N.N.O. and Others v HMT Projects (Pty) Ltd (1012/2019) [2023] ZAGPPHC 9 (10 January 2023)
- Sekgala v Body Corporate of Petra Nera; In Re: Body Corporate of Petra Nera v Sekgala (08951/2017) [2023] ZAGPJHC 250 (13 April 2023)
- Valditime (Pty) Ltd and Another v Absa Bank Ltd (2021/39886) [2023] ZAGPJHC 319 (14 April 2023)