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AI summary
The High Court considered an application by Mr Zwart to rescind a default order granted on 27 February 2024 in favour of the Industrial Development Corporation. The judgment says there was no wilful default and that a bona fide defence with some prospects of success had been established, and the default judgement was rescinded and set aside.
This may be relevant to default judgment rescission, guarantees, and prescription issues.
Evidence from source
I make the following order. 1. The default judgement granted by Siwendu J under this case number on 27 February 2024 is rescinded and set aside.
Supports: The order made in the judgment
On the papers before me, Mr Zwart has clearly established the absence of wilful default and a bona fide defence that stands some prospects of success.
Supports: The findings on rescission
The applicant, Mr Zwart, seeks to rescind an order granted by my sister, Siwendu J, on 27 February 2024, requiring him to pay certain monies to the respondent
Supports: The subject matter of the application