TRUSTEES FOR THE TIME BEING OF TONGOGARA COMMUNITY SHARE OWNERSHIP TRUST v MATRIX REALTY (PRIVATE) LIMITED

Key Issues

• {"issue_text":"Whether the court should grant the applicant leave to withdraw the application for rescission of judgment.","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought withdrawal during hearing; conflict between founding and answering affidavits; matter already set down for hearing."}
• {"issue_text":"Whether the court should dismiss the application with costs on a higher scale as requested by the respondent.","issue_type":"procedural","dispositive":"no","related_facts":"Respondent opposed withdrawal and moved for dismissal."}
• {"issue_text":"Whether the applicant has shown \"good and sufficient cause\" for rescission of the default judgment.","issue_type":"mixed","dispositive":"no","related_facts":"Applicant's explanation for default (fraud vs mistake); bona fides of the application; bona fides of the defence."}

Background