Common law grounds for rescission of judgment
WebRule 42 (1) provides that the court may upon application rescind a judgment erroneously sought or granted in the absence of a party affected thereby; or a judgment in terms of … WebFeb 5, 2016 · See, e.g., 128 Hester LLC v.New York Marine & Gen. Ins. Co., 5 N.Y.S.3d 69, 70 (N.Y. App. Div. 2015) (granting rescission where the policyholder allegedly made material misrepresentations on its application for property insurance and noting “[e]ven innocent misrepresentations are sufficient to allow an insurer to avoid the contract of …
Common law grounds for rescission of judgment
Did you know?
WebThere are, however, three grounds on which an order of the High Court can be rescinded: those set out in Rule 31(2)(b) and Rule 42 of the Uniform Rules of Court and the … http://www.saflii.org/za/cases/ZAGPJHC/2024/422.html
Webthe judgement order on 9 October 2013 and the application for rescission was instituted on 8 November 2013. Consequently, the applicants were required to show good cause why … WebOrdered that the judgment is modified, on the law, without costs, by reversing so much thereof as granted respondent's motion to dismiss the first three causes of action; motion denied to said extent and matter remitted to the Supreme Court to permit respondent to serve an answer within 20 days of the date of this Court's decision and for ...
Web[11] Accordingly, I turn to the merits of the rescission application. Rescission of judgment by default [12] The rescission application is expressly brought in terms of Rule 31(2)(b), Rule 42(1)(a) or the common law each of which make provision for rescission of judgment obtained by default. While in this case each of these bases were
WebSummary: Practice - Rescission - Grounds of fraud alternatively Rule 42(1)(b) - Application does not articulate precise fraudulent acts or omission relied on - affidavit contains no evidence that controverts the evidence led at the hearing - further fails to set out the requirements of Rules 42(1)(b) nor any common law grounds - application for ...
http://www.saflii.org/za/cases/ZAGPPHC/2014/746.pdf hostel rishta kya kehlata haiWebPM v MM AND ANOTHER 2024 (3) SA 403 (SCA) Practice — Applications and motions — Affidavits — Locus standi — Whether attorney or advocate requiring authority from client to depose to affidavit in support of latter's application for rescission — Distinction between right to institute proceedings, authority to act on behalf of client and basis for deposing to … hostel selina saltahttp://www.saflii.org/za/cases/ZAGPPHC/2013/421.html hostel palmaWebMay 17, 2024 · Delivered: 17 May 2024. Flynote: Civil Law and Practice – Civil Appeal against Magistrate Court’s decision – Rescission of a default judgment void ab origine, … hostel san jose caWebMay 31, 2024 · “At common law a judgment can be set aside on the following grounds: fraud, justus error (on rare occasions), in certain exceptional circumstances when new documents have been discovered, when judgment had been granted by default and, in … hostels en tulumWebJun 24, 2024 · On 17 June 2024, the Constitutional Court of South Africa gave its latest pronouncement on this debate and, in particular, the public policy grounds upon which a court may refuse to enforce contractual terms, particularly those terms which are alleged to operate unfairly, unreasonably or which are unduly harsh in the matter of Beadica 231 … hostel paulistaWebThe court, with reference to the common-law position, held that if the merits of a dispute were considered before judgment, a rescission of judgment can be granted only on … hostels hawaii honolulu