Van Heerden v Bronkhorst (846/2019) [2020] ZASCA 147 (13 November 2020)

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.