Rescission of judgments in the High Court
If a Defendant in a court action does not respond to a summons within the specified time limit, the Plaintiff will generally be entitled to obtain judgment in its favour by default, that is, naturally if the request for default judgment complies with the Rules of Court and the Superior Courts Act.
This happens in two instances:
When the defendant fails to deliver its notice of intention to defend; or
When the defendant delivers its notice of intention to defend but fails to file a plea after receipt of a notice calling upon the defendant to deliver same.
Until recently in the High Courts of South Africa once a default judgment is granted same was placed on the Defendant’s credit profile for the maximum period of 5 years with same only being capable of being rescinded (the removal of judgment) for a set number of reasons, these being:
(a) An order or judgment erroneously sought or erroneously granted in the absence of any party affected thereby;
(b) an order or judgment in which there is an ambiguity, or a patent error or omission, but only to the extent of such ambiguity, error or omission;
(c) an order or judgment granted as the result of a mistake common to the parties.
The position in the Magistrate’s Court is different in that a default judgment may be rescinded with the consent of the Plaintiff and when the debt, interest and costs have been paid.
However, since 11 March 2019, the relevant provisions of the Superior Courts Act have been amended. They empower a court to rescind a default judgment where the Plaintiff has consented to this in writing – and/or where the debt, interest and costs entailed have been paid, whether or not the judgment creditor’s consent has been obtained.
Therefore, should judgment have been taken against you by default in the High Court we can now approach the High Court to have the same rescinded provided that the debt, interest and costs entailed have been paid.
***Kindly note that the contents of this article are intended for information purposes only and does not constitute legal advice. Please consult an attorney
We offer a set fee option for the removal of judgments from a credit profile listed by both the Magistrates and High Courts. Please find our online form here