Section 129 to the rescue again

Ramsay Webber Law

Ramweb NCA The line of cases in dealing with s129 (1) of the National Credit Act is as long as it is controversial. However, a recent judgment has extended s129’s umbrella of controversy even further. Here an application was brought for the rescission of a default judgment, some two and a half years after judgment was granted. At the time of the application the property that served as security had already been sold in execution. While this application was based primarily on the prima facie defence that the requisite s129 (1) notice had not been served correctly, this line of argument failed due to the unnecessarily lengthy delay in bringing the application for rescission.

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