SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRIC A
GAUTENG LOCAL DIVISION, JOHANNESBURG
NO: 2023/ 01203 6
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED. No
26 May 2025
In the matter between:
THE STANDARD BANK OF SOUTH AFRICA LIMITED APPLICANT
and
TROSKIE CONSULTANTS ( PTY) LTD FIRST RESPONDENT
CONRAD TROSKIE SECOND RESPONDENT
This order is made an Order of Court by the Judge whose name is reflected herein,
duly stamped by the Registrar of the Court and is submitted electronically to the
Parties/their legal representatives by email. The Order is further uploaded to the electronic file of this matter on Caselines by the Judge his/her secretary. The date of
this Order is deemed to be 2 6 May 2025. .
JUDGMENT
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ENGELBRECHT , AJ
Introduction [1] This is an application to confirm the cancellation of the agreements entered
into between the Applicant and the First Respondent and for the return of seven
assets financed through instalment agreements with the Applicant .
[2] The Respondents opposed the matter as they allege that the Applicant
caused the non- compliance with these agreements, as a result of the omission of
information about their VAT numbers and addresses on these agreements resulting in the rejection of VAT claims from SARS, affecting the cash flow of the First Respondent, and resulting in a loss of income for the First Respondent. I n this
application, relief is only requested against the First Respondent. The Second
Respondent deposed to the Answering Affidavit and appl ied for condonation for the
late filing of their Answering Affidavit in their answer . The Applicant did not oppose
this in their replying affidavit , and c ondonation was granted for the late filing of the
Answering Affidavit. [3] The issues to determine in terms of the Practice Note filed by the Applicant
[3.1] Whether the Applicant is responsible for the First Respondent’s breach
of various instalment sale agreements.
[3.2 If so, whether the A pplicant’s alleged conduct made it impossible for
the First Respondent to perform its obligations under the instalment sale
agreement.
[3.3] If so, whether such impossibility is subject and relative as opposed to
objective and absolute.
FACTUAL MATRIX [4] The First Respondent and the Applicant entered into seven different
instalment agreements. At the outset , the Applicant indicates that Part B of the First
and Third instalment contract cannot be found and stated that they would not have
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entered into such a contract without these documents. The Applicant would then rely
on the standard terms and conditions applicable to instalment sale facilities , which
the First Respondent did not oppose. .
[4.1] First Agreement was entered into on 7 February 2020 at 8[ …] H[…]
Street, M[ …] for the sale of a 2015 Audi TT 2.0 TFSI Coupe S Tronic for an
amount of R 362 425,00 with interest levied at 1,19% above prime being
9,75% per annum over a period of 72 months payable in instalments of R 7 026,07 commencing on 1 April 2020 with final payment on 1 March 2026.
[4.2] Second Agreement was entered into on 27 October 2020 at 8 […] H[…]
Street, M[ …] for the sale of a 2020 Hino 500 Series 500 1326 4 x 2 TIP for an
amount of R 932 008,54 with interest levied at 1% above prime being 7% per
annum over a period of 48 months payable in 6 instalments of R 41 714,37
commencing on 1 December 2020 and 41 equal monthly instalments of R 19 728,87 commencing in 1 June 2021 with final payment on 1 November
2024.
[4.3] Third Agreement was entered into on 24 November 2020 in Mosselbay
for the sale of a 2020 Case 570 ST 4 x 4 Loader f or an amount of R 961
608,00 with interest levied at 0,7% above prime being 7% per annum over a
period of 4 7 months payable in instalments of R 23 582,22 commencing on 22
January 2021 with final payment on 22 December 2024.
[4.4] Fourth Agreement was entered into on 12 December 2020 at 8[ …]
H[…] Street, M[ …] for the sale of a 2020 Hino 300 614 SWB F/C C/C for an
amount of R 550 169, 66 with interest levied at 1,95% above prime being 7%
per annum over a period of 48 months payable in instalments of R 13 875,78
commencing on 8 February 2021 with final payment on 8 January 2025 .
[4.5] Fifth Agreement was entered into on 31 May 2021 at 8 […] H[…] Street,
M[…] for the sale of a 2021 Case JXT75 4 WD for an amount of R 421 554,50
with interest levied at 2,7% above prime being 7% per annum over a period of 60 months payable in 6 instalments of R 18 705,39 commencing on 22 July
2021 and 53 equal monthly instalments of R 7 745,10 commencing in 22
January 2022 with final payment on 22 June 2026. [4.6] Sixth Agreement was entered into on 12 August 2021 at 8[ …] H[…]
Street, M[ …] for the sale of a 2021 Polaris Ran ger 570 EFI for an amount of R
191 070,00 with interest levied at 3,2% above prime being 7% per annum
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over a period of 36 months payable in 36 equal monthly instalments of R
6 362,45 commencing in 10 October 2021 with final payment on 10
September 2024. [4.7] Seventh Agreement was entered into on 18 September 2021 at 8[ …]
H[…] Street, M […] for the sale of a 2021 Case CX220 DLC Tracked
Excavator for an amount of R 1 688 525,00 with interest levied at 1,61%
above prime being 7% per annum over a period of 48 months payable in 6 instalments of R 84 148,83 commencing on 2 November 2021 and 29 equal
monthly instalments of R 46 796,86 commencing in 2 May 2022 with final
payment on 2 October 2024.
[4.8] The Second Respondent bound himself as guarantor as follows:
[4.8.1] First Agreement 7 February 2020
[4.8.2] Third Agreement 24 November 2020
and unconditionally guarantee and a certificate under the hand o f any
manager of the A pplicant would be sufficient proof and correctness of the
Second Respondent’s indebtedness for the purposes of summary judgement or provisional sentence. This application is for relief only against the First
Respondent.
[4.9] As at 21 April 2022 the First Respondent was in arrears with regard to
the First to Seventh Agreements as follows:
[4.9.1] First Agreement R 20 084,77
[4.9.2] Second Agreement R 21 089,27
[4.9.3] Third Agreement R 48 460,52
[4.9.4] Fourth Agreement R 42 846,41
[4.9.5] Fifth Agreement R 37 800,86
[4.9.6] Sixth Agreement R 19 707,35
[4.9.7] Seventh Agreement R 255 112,57
[4.10] Notice of default was provided to the First Respondent on 21 April
2022, but the First Respondent failed to remedy the breaches, and on 19 May
2022, letters for the cancellation of the agreements were sent.
[4.11] As a result of the cancellation of the agreements, the First Respondent
was indebted to the Applicant as follows as at 23 September 2022: ]
[4.11.1] First Agreement R 359 8913,32 plus interest at
10,94%
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[4.11.2] Second Agreement R 746 943,57 plus interest at 10,75%
[4.11.3] Third Agreement R 929 765,49 plus interest at 10,45%.
[4.11.4] Fourth Agreement R 553 390,75 plus interest at 10,94%
[4.11.5] Fifth Agreement R 486 166,20 plus interest at 12,45%
[4.11.6] Sixth Agreement R 227 062,48 plus interest at 12,95%
[4.11.7] Seventh Agreement R 1 849 628,19 plus interest at 11,36%.
APPLICANT’S CASE
[5] The Applicant only asks for relief against the First Respondent in this part of
the application, and the Second Respondent is only cited as the guarantor. In terms
of the agreements, the Applicant retains ownership of the assets. When the assets
are repossessed and sold, and there is a shortfall, the Applicant requests to be allowed to approach the court again to pay the difference, where an order would be
requested against both First and Second Respondents.
[5.1] The First Respondent have failed to remedy the breaches in full, and
therefore, the First Respondent is obliged to return the assets to the
Applicant's care. As the assets are in the First Respondent's possession, the
Applicant cannot protect the value of these assets, which will ultimately
increase the financial exposure of the First Respondent.
[5.2] The First Respondent is in breach of the First to Seventh Agreements.
These agreements were entered into between February 2020 and September 2021.
[5.3] The Applicant also requests that if the sale of the assets does not
realise sufficient funds to liquidate the indebtedness, the Applicant be granted the right to claim damages on these papers, duly supplemented.
[5.4] The Applicant stated that the NCA does not apply to these transactions
as the asset value, or alternatively, the annual turnover of the First Respondent during the prescribed period, exceeded the threshold value as determined by the Minister.
[5.5] In the Replying Affidavit , the Applicant alleges that the defence of the
First Respondent is not sustainable as no legal defence has been placed before this court.
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FIRST RESPONDENT’S CASE
[6] From the Answering Affidavit, it is clear that the essence of the defence of the
First Respondent is that the agreements and the documents incidental thereto, such
as the invoices and statements supplied by the Applicant after June 2021, were not
compliant with SARS’s requirements under the relevant tax laws, which would enable the First Respondent to reclaim VAT payable in these instalment
agreements. It is therefore alleged that the wrongful conduct of the Applicant
occasioned the breach by the First Respondent.
[6.1] The First Respondent indicates that the First Respondent renders risk
management services to the Consumer Goods Council of South Africa, the South African Police Services and the National Prosecuting Authority. The
Second Respondent also run a commercial farm, Skoongesig, which is used
for seed production and Troskie Consultant s as a sole proprietor . According to
the First Respondent, the sole proprietor is registered as a Vendor that is registered for “ rental of vehicles ” which means that VAT may be claimed back
on all vehicles .
[6.2] The First Respondent alleges that to make payments, the First
Respondent must have positive cash flow , and for this, the First Respondent
heavily depends on VAT refunds from SARS . ( My Emphasis)
[6.3] In entering into these fi nance agreements with the Applicant ,
substantial payments for VA T were made. According to these agreements ,
VAT is payable within the first six months, which burdens the First
Respondent’s cash flow . However, as a result of the Applicant's conduct ,
these VAT claims for refunds were rejected by SARS , which materially and
negatively affected the First Respondent's cash flow to such an extent that the
First Respondent was unable to conduct its business and suffered a loss of income.
[6.4] SARS has strict requirements regarding the accuracy of the information
contained in the documentation to be submitted. SARS will reject a claim and does not provide a precise reason for such rejection.
[6.5] In June 2021, the First Respondent requested the Applicant to provide
correct VAT monthly statements for certain financing agreements such as the
FAW Truck ( with the First Respondent’s VAT numbers indicated thereon) .
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First rejection by SARS of VAT refund claims was received in August 2021.
When this was received, it was determined that the rejection resulted from no VAT information on the financing agreement signed in 2020 – 2021. In some
cases , wrong addresses were reflected on the agreements and bank
statements .
[6.6] On 13 August 2021, the Applicant was again informed that they had
provided the wrong information on specific agreements and apologised. On
18 August 2021, a settlement letter for the FAW Truck was requested to be purchased by the sole proprietor . It was determined that the Applicant issued
the exact contract numbers for two different vehicles, and the VAT number
was again not on the agreement. The incorrect address was reflected in the agreements, and the principal debt and VAT input figures differed from those in the financing agreement. During the latter part of 2021, the Second
Respondent corresponded with the Applicant regularly to be provided with updated invoices and to include the VAT number on the bank statements.
[6.7] On 3 November 2021, the Second Respond ent sent a lengthy email to
the Applicant explaining that their conduct was why the Second Respondent ’s
VAT claims were rejected and that they are experi encing cash flow problems .
This letter refers to the sole proprietor, Conrad Troskie t/a Troskie Consultants
and that the First Respondent was registered to move everything over to the First Respondent. In this letter, reference is made to the fact that the VAT
number was not included on some of the Vehicle Financing Agreements and
all the Bank statements of the First Respondent.
[6.7.1] In this letter, the Applicant was accused of being the main reason why
the refund was reviewed and audited and not refunded by SARS.
[6.7.2] After amended finance agreements were received, the same was
provided to SARS, but again rejected as the Applicant had to issue VAT
invoices. Again, various correspondents were sent by the Second Respondent, indicating the various problems so experienced, all based on the Applicant's lack of co- operation. The cashflow problem was again stated in an
email dated 15 November 2021, in which the Second Respondent indicated that their cashflow problem resulted from the Applicant's conduct .
[6.8] The First Respondent alleged that it was deprived of these funds for 18
months, which had a detrimental impact on the cashflow of the First
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Respondent, for which the Applicant is to be blamed. This resulted in the
default in payment to the Applicant , which the Respondents alleged the
Applicant ought to have known that the First Respondent depended on the
correct information in these agreements.
[6.9] The First Respondent alleged that the Applicant has a duty of care in
its dealings with the First Respondent to ensure that correct information was
provided. Therefore, the Applicant is not entitled to terminate these
agreements.
[6.10] The First Respondent alleged that the Applicant breached the terms of
the agreement , and therefore, their breach of the agreement must be
excused, and that there was no valid cancellation of the agreement.
[6.11] The First Respondent also alleged that there is a dispute of fact, that
the claim for damages cannot be dealt with in application proceedings, and
the Applicant should have instituted an action.
[6.12] I was also referred to a similar application which was brought by the
Applicant against the Second Respondent under case number 2023- 083113
concerning different assets financing.
ANALYSIS
[7] In the Answering Affidavit , the First Respondent mentions the alleged dispute of
fact, as the First Respondent alleges that the defence against the application raised
a dispute of fact.
[7.1] In the matter of Plascon Evans Paints Ltd v Van Riebeeck Paints (
Pty) Ltd 1984 (3) SA 623 (A) , Corbett JA set out the test to be considered
when determining applications on papers where it might appear that there is a material dispute of fact.
“It is correct that where in proceedings on no tice of m otion dis putes of fact
arose on the affi davits, a final order, whether it be an interdict or some other
form of relief, may be granted if tho se facts averred by t he applicant which
have been admitted by the respondent , together with the fa cts alleged by the
respondent, jus tify such an order. The power of the court to give such relief on
the papers before it is , however, not confined to such a situation. In certain
instances , the denial by the responden t of a fact alleged by the applicant may
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not be such as t o raise a real, genuine or bona fide dispute of fact. If the court
is satisfied as to the inherent credibility of the applicant 's actual averment, it
may proceed o n the basis of the correctness thereof and include this fact
among those upon which it determines whether the applicant is entitled to the
final relief which he seeks. Moreover, there may be exceptions to this general
rule, as for example, where the allegations or denials of the respondent are so far-fetched or clearly untenable that the Court is justified in rejecting them
merely on the papers .
[7.2] In Bester NO and others v Mirror Trading International (Pty ) Ltd
t/a MTI( In Liquidation) and others 2024 (1) SA 112 ( WCC ) it is stated in
par [71] that “ A real and bona fide dispute of fact can exists only where the court is satisfied that the party who purports to raise the dispute has, in his or her affidavit, seriously and unambiguously addressed the fact said to be disputed. ……….[73] A respondent, in addition cannot merely allege
conclusions as facts, a respondent must produce admissible evidence in support of such facts, In motion proceedings, the affidavits constitute not only the evidence, but also the pleadings. A party, in motion proceedings, is
consequently expected to allege the required facts and in addition, to support
such facts by adducing admissible evidence.
[7.3] It is undisputed that the Applicant and the First Respondent entered
into seven financing agreements and that the First Respondent defaulted in
payment thereof. [7.4] In Schmidt v Dwyer 1959(3) SA 896 van Wyk J stated at 899A “ The
primary object of a deed of sale is to record the terms of a contract between the parties and it follows that any statement in such document prima facie constitutes a term of the contract unless it appears from itself or other inadmissible evidence that the parties did not so intend.
[7.5] In terms of these financial agreements, the Applicant sells to the First
Respondent certain assets at a specified price, and the terms for repayment are stipulated. As a result , an obligation is created for the provision of the
assets by the Applicant and the payment for such assets by the First
Respondent as stated in paragraph 11.4 of the finance agreement.
[7.6] When the Vehicle Financing Agreements were entered into, the First
Respondent was aware of the fact that he was registered for “ rental of
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vehicles ” and therefore eligible to claim VAT refunds on all vehicles. Such
information was in the sole knowledge of the First Respondent. Thus, the First
Respondent had the obligation to bring this fact to the attention of the Applicant and to ensure that its VAT number and correct addresses are included on these agreements.
7.7] According to the allegations by the First Respondent , it seems that
reference is made to two third parties ( SARS and the refund of VAT payments and the interrelation with Troskie Consultants) which the court
needs to consider in this matter. Neither of these parties is before this court. The Vehicle Financing Agreements do not contain any terms concerning the
payment in terms of these agreements through VAT returns by the First
Respondent , that compliance to the First Respondent’s obligations in terms of
these agreements are dependent on such VAT reclaims and the exact manner on how the obligations to pay towards these agreements are interrelated with Troskie Consultants . Paragraph 23.16 of Part B of the
financing agreement signed by both parties reads as follows:
This agreement constitutes the entire agreement between the parties in
relation to the subject matter thereof. The terms of this Agreement are
separate from the other. Neither Party shall be bound by any express, tacit, or
implied term, representation, warranty, promise or the like not recorded herein.” [7.9] The contract excludes reference and reliance on any alleged implied
term. Under the declarations made by the customer in paragraphs 1.14 and
1.15 the First Respondent accepted that
“1.14 This Agreement was completed in full at the time when we signed it .
1.15 We are aware that we must not accept this Agreement unless we
understand our rights and obligations and the risks and costs of the obligation.
[7.10] This alone confirms that w hen the First Respondent entered into the
Vehicle Financing Agreements with the Applicant, the First Respondent had to
ensure that all information was included in these agreements to ensure that the VAT refund claims could be submitted to SARS. In terms of the Value
Added Tax Act, No 89 of 1991, the First Respondent, as the purchasing
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vendor, has to ensure that he complies with the requirements set out in the
Act.
[7.11] It is a trite principle of our law that parties are to observe and perform in terms of their agreements and should only be allowed to deviate from such a contract if it can be demonstrated that the contract is tainted with fraud, is unreasonable, or is against public policy.
[7.12] In Mohabed’s Leisure Holdings ( Pty) Ltd v Southern Sun Hotek
Interests (Pty) Ltd ( 183/17) [2017] ZASCA 176 (17 December 2017) the
Supreme Court of Appeal reaffirmed the principle of the privity and sanctity of the contract and stated as follows at paragraph 23:
“23. The privity and sanctity of contract entails that contractual obligations
must be honoured when the parties have entered into the contractual agreement freely and voluntarily, The notion of the privity and sanctity of contracts goes hand in hand with the freedom to contract, taking into
consideration the requirements of a valid contract, freedom to contract
denotes that parties are free to enter into contracts and decide on the terms of the contract .
[7.13] In the Constitutional Court in Beadica 231 and others v
Trustees for the Time being of Oregon Trust and others CCT 109/19 [2020]ZACC13 the following was stated in paragraph 84:
“Moreover, contractual relations are the bedrock of economic activity, and our economic development is dependent, to a large extent, on the willingness of parties to enter into contractual relationships. If parties are confident that the contracts that they enter into will be upheld, then they will be incentivised to contract with other parties for their mutual gain. Without this confidence, the very motivation for social coordination is dismissed. It is indeed crucial to economic development that individuals should be able to trust that all contracting parties will be bound by obligations willingly assumed.
[7.14] From a proper reading of these contracts, reciprocal obligations were
agreed upon where the Applicant is to provide the assets and financing to
obtain the same and the First Respondent is to ensure payment in terms of
the Vehicle F inancing Agreement s. When the First Respondent signed these
documents between 2020 and 2021, it was obliged to ensure that all
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necessary information, including its VAT registration numbers ( if that was
needed) and addresses, was correctly included in these agreements .
[7.14] On the letters attached as Annexures to the First Respondent’s
Answering Affidavit, reference is made to:
[7.14.1] Certain contracts and not all,
[7.14.2] The address which is stated in handwriting on these agreements
are referred to on Annexure AA17, was only updated in November 2021, as
that address on the agreements was not the SARS registered address , at the
First Respondent’s request and the remainder of the issues referred to the Sole Proprietor , which is not a party to the Vehicle Financing Agreements.
[7.15] A further argument is then about the principle that an impecunious
debtor will be excused from payment if the debtor can show the causal connection between that impecuniosity and some wrongful act of omission by the creditor. Both parties then rely on Academy of Learning v Hancock
2001 (1) SA 8941 ( C ), where it summarised the position and referred to
three broad categories:
(a) where the wrongful conduct of the creditor made performance by the
debtor impossible. In order to succeed with this defence, the debtor must
prove that his /her performance became objectively and not merely
subjectively impossible.
(b) where the creditor’s wrongful conduct can be ascribed to a deliberate
intention on his or her part to prevent performance by the debt or. This is the
type of situation which is analogous t o fictional fulfilment of a condition.
(c) where the creditor’s conduct complained of by the debtor in itself
constituted the breach of an express or an implied term of the agreement. This is the type of situation where the credi tor expressly or impliedly binds
himself/herself to carry out the necessary preliminaries which rest upon him or do no thing of his own motion to put an end to that state of circumstances
under which alone the arrangement can be operative,
[7.15.1] From the attached Vehicle Financing Agreements, it is shown
that the First Respondent signed the document stating that all information was correct and provided correctly. The wrong addresses and the fact that the
VAT number did not reflect on the agreement can therefore not be a wrongful
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act of omission by the Applicant as the VAT number and the correct address
was in the knowledge of the First Respondent. .
[7.15.2] At most, they should have amended the agreements quicker
after it was requested, and if it caused a loss by the First Respondent as
alleged, that would or could result in a claim by the First Respondent against the Applicant. I cannot find that the Applicant's conduct impacted the
obligation of payment towards these Vehicle Financing Agreements by the First Respondent.
[7.15.3] I am of the view that the fact that the VAT number and the
addresses were either not included on the agreements or incorrect, as included on the agreements, did not make the performance by the First Respondent objectively impossible, but subjective and self -created. These
conditions did not create any obligation that such payments must f irst be
obtained before payments in terms of the agreements being made. Even if
this argument can be accepted, it is in direct contradiction to the fact that
payments were made from February 2020 until March 2022. [7.16] An argument provided by the First Respondent is that the Applicant
had a duty of care to ensure that all information about such VAT returns,
which can be used to reclaim VAT payments , is correct. For a refund claim ,
the VAT vendor must ensure that all information is accurate to allow such a claim from the outset . These contracts also place a duty on the First
Respondent to ensure its information is correct, as such information on the VAT number or the addresses would not be in the Applicant's knowledge.
[7.17] The first time that the issue of VAT was queried was in June 2021 ,
which the Applicant addressed, and the first time that the VAT claims were rejected was in August 202 1. The first time the addresses were requested to
be amended was in November 2021, where the First to Fifth Agreements were already entered into in February 2020, and payments towards these agreements were made.
[7.18] The total arrears in April 2022 were R 445 101,75. On the March 2022
bank statement attached to the Replying Affidavit as provided to the Applicant as a result of a Rule 35(1) notice, it is shown that various deposits from SARS
to the amount of R 687 981,54 were made to this account . Instead of paying
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towards such arrears , an amount of R 685,000.00 was then transferred to
another account, and no payment was made towards the arrears .
[7.19] The bank statements are referred to in the Applicant’s heads and w ere
referred to in argument by the Applicant, but not addressed in argument by
the First Respondent. I therefore accept that there was payment made from SARS to the First Respondent as shown on these bank statements, which is directly in contradiction with the argument that the incorrect VAT information had a knock -on effect on VAT claims by the First Respondent in the
interrelated business of the First Respondent and Second Respondent , and
therefore, payments were rejected and the arrears could not be paid.
[7.20] In May 2022, after the First Respondent received these payments , the
First Respondent’s attorneys of record sent a letter indicating that the First
Respondent are to make payment in full arrears and therefore agreed to the
arrears payable. Again, this contradicts the claim that the First Respondent
could not make the necessary payments.
[8] The Applicant requests an order to allow the matter to be brought back to this
court on the same papers, duly supplemented for payment of the difference between
the balance outstanding and the market value of the assets to be returned, together
with damages the Applicant may have suffered. It is trite that when the bank
repossesses the assets , the same is to be sold, and the First Respondent would
remain liable for the difference between such sale price and the outstanding amount in terms of the sales agreement. If there are disputes between the parties about the
damages, whichever might be claimed, the matter can be referred to oral evidence if necessary.
[9] After considering all the relevant principles applicable to the dispute of fact , I
am satisfied that the Applicant has shown on a balance of probabilities that they are
entitled to the relief claimed for the cancellation of the sales agreements and the return of the assets .
COSTS
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[10] The general principle is that the successful party is entitled to its costs. No
reason has been advanced and I cannot find any reason why the general principle
cannot be followed. In the Notice of Motion, costs are requested on the Attorney
Client Scale but in the Applicant's heads it is Party and Party scale on Scale B and
during argument it was confirmed on Party and Pary scale B or C.
ORDER
[11] Therefore, the following order is made.
[11.1] Condonation is granted for the late filing of the Answering Affidavit of
the First Respondent. [11.2] The cancellation of the agreements entered into between the Applicant
and the First Respondent attached to the Applicant's founding affidavit is hereby confirmed.
[11.3] The sheriff of the above Honourable Court or his lawful deputy is
authorised, directed and empowered to attach, seize and hand over to the Applicant:
[11.3.1] a 2015 Audi TT 2.0 TFSI Coupe S Tronic with Chassis number
T[…] and engine number C […].
[11.3.2] a 2020 Hino 55 Series 1326 4 x 2 TIP with chassis number A […]
and engine number J […].
[11.3.3] A 2020 Case 570 ST 4 x 4 Loader with chassis number N […]
and engine number 2[ …].
[11.3.4] A 2020 Hino 300 614 SWB f/c C/C with chassis number A […]
and engine number N […].
[11.3.5] A 2021 Case JXT75 4WD with cahssis number A […] and engine
number 3[ …].
[11.3.6] A 2021 Polaris Ranger 570 EFI with chassis number 3[ …] and
engine number R […].
[11.3.7] A 2021 Case CX220 DLC Tracked Excavator with chassis
number N […] and engine number 1[ …].
[11.4] The Applicant is granted leave to approach the Honourable Court on
papers duly supplemented for payment of the difference between the balance
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outstanding and market value obtained from a sale of the assets together with
any damages the Applicant may have suffered.
[11.5] The First Respondent is ordered to pay the costs of the Application on
a Party and Party Scale B , including the costs of Counsel.
ENGELBRECHT T
ACTING JUDGE OF THE HIGH COURT
GAUTENG LOCAL DIVISIO N
Delivered: This judgment and order were prepared and authored by the Judge
whose name is reflected and is handed down electronically by circulation to Parties / their legal representatives by email and by uploading it to the electronic file of this matter on Case Lines. The date of the order is deemed to be the 26 May 2025.
Appearances:
For the Applicant: Advocate De Oliviera
For the Respondent : Advocate A Coertze
Date of Hearing: 03 March 2025
Date of Judgment: 26 May 2025