LEGAL TALK with Hahn & Hahn Attorneys: Rescission of Judgment Explained

(upbeat music) - Legal talk with Han and Han attorneys here on E-Radio, every Wednesday at 10 o'clock in the morning. And this week we're chatting to Tabiso, to Kudu from Han and Han attorneys, and we're going to talk about the rescission of judgment. That's something we are going to learn about this week. Tabiso, once again, welcome back and nice to chat to you. - Well, thank you very much. It's a pleasure for me to be here. - Now, Tabiso, let us start with the basics. What is rescission of judgment? - Well, your rescission of judgment is the process where a court is asked to set aside a judgment that has already been granted. This often happens where judgment was taken by default. For example, where someone did not enter an appearance to defend or did not attend court. So, rescission of judgment is a mechanism to correct injustice in appropriate cases. - All right, and when can someone apply for rescission? - Well, in the Sarovkin legal context, the person can apply for rescission in several situations. Common examples include where judgment was erroneously granted, where the person can show good costs for not defending a meta or where there was some procedural irregularity, such as not receiving proper notice of the court documents. The court will look at whether there is a proper legal basis to undo judgment. - And let's say if someone did not appear or did not defend the case, do they have to explain why? - Yes, absolutely. A court will usually expect a full and reasonable explanation for the default. The person must basically explain why they did not respond to the summons, why they did not file the necessary papers and why they didn't attend to court if that was the case. If the court believes that default was willful, in other words, it was deliberate that can seriously undermine the application to the court. - And is it enough for that person? Simply to say I want another chance. - Absolutely not, that is not enough. The applicant must usually show a bona fida defense. That is a real defense with prospects of success. The court is not simply reopening matters just to be generous to the applicant. It wants to know whether there is a genuine dispute that should be heard because it was not heard. So the person must place enough facts before the court to show that the defense is real and not just a delaying tactic. - And to be so, what is your practical advice for someone who discovers that judgment has been taken against them? - The first and most important point is act quickly. Delay can be very damaging in a decision application. The person should obtain all the court papers find out exactly how the judgment was granted and identify the legal basis for seeking a decision. The application must usually explain when the person became aware of the judgment, why the default had happened and what defense exists to the claim. The papers must be very clear, detailed and credible. And to reiterate, you need to act quickly. The moment you become aware of a default judgment listed in your name, you act quickly to make an application to the court for a decision. - And just finally to be so, before we end of today, why is decision of judgment such an important part of the legal system? - Well, it balances two important principles. On the one hand, court judgments must be respected and there must be finality in litigation. On the other hand, the law must also prevent injustice where a judgment should not have been granted or where a person has a genuine defense but was not heard. Resition is therefore an important safeguard, but it is not automatic and it requires protocols. - And that's the decision of judgment here on legal talk today, over thanks to Teresa Tikudu from Hannon Hannon attorneys. Teresa, thanks so much for joining us. - Thank you, it was a pleasure. (upbeat music) - Are you all your business in trouble and struggling to find a solution? - Call Hannon Hannon attorneys as we assist clients in finding solutions. We specialize in consumer and food law, commercial and construction law, forensic investigations and administrative law. Visit hunglaw.co.z. That's H-A-H-N, we assist clients nationwide. Hannon Hannon attorneys because we care. Don't miss legal talk with Hannon Hannon attorneys when's their morning's at 10 on E-Radio.