The High Court considered an urgent application by Madibeng Local Municipality to rescind a default judgment granted in favour of Flame IT Strategy. The court found that notice of the hearing had been sent to a non-existent email address and rescinded the default judgment, also setting aside the writ of attachment.
This appears to concern rescission of default judgment and service of notices by email in High Court proceedings.
Evidence from source
the notice was sent to a non-existent address – the general principles of rescission under the rule restated – default judgment rescinded
Supports: Summary sentence 1 and 2: the court rescinded the default judgment after finding the notice had been sent to a non-existent address.
the court was not aware, when it granted judgment, of the fact that the notice for hearing of the application for default judgment was defective due to being sent to a non-existent address
Supports: Summary sentence 2: the basis on which the court found the judgment had been granted in the absence of effective notice.
any writ of attachment issued pursuant to annexure “ FA1 ” to the founding affidavit is hereby set aside
Supports: Summary sentence 2: the writ of attachment was also set aside.