First Consolidated Leasing and Finance Corporation Ltd v N M Plant Hire (Pty) Ltd

• Jurisdiction: South Africa

First Consolidated Leasing and Finance Corporation Ltd v N M Plant Hire (Pty) Ltd
1988 (4) SA 924 (W)

1988 (4) SA p924

Citation	1988 (4) SA 924 (W)
Court	Witwatersrand Local Division
Judge	Goldstein J
Heard	March 15, 1988
Judgment	April 12, 1988

Flynote : Sleutelwoorde B

Sale — Of goods — Credit agreement — Sale subject to the Credit Agreements Act 75 of 1980 — Purchaser in default — Seller giving notice in terms of s 11 of Act — Before 30 days had elapsed seller C applying for attachment — Not entitled to do so before agreement cancelled — Until then purchaser entitled to possession — Moreover s 11 of Act expressly disentitles seller from claiming 'return of goods' at this stage — Attachment by deputy-sheriff amounts to claiming such return. D

Headnote : Kopnota

The applicant had sold certain goods to respondent in terms of a written agreement which was subject to the provisions of the Credit Agreements Act 75 of 1980. Respondent being in default of the payment of instalments, applicant had written to it calling upon it to comply with s 11 of the Act. Before the period of 30 days referred to in the notice had expired applicant applied for the attachment of the goods in order to prevent further deterioration, risk, etc.

E Held, that before cancellation of the agreement respondent was entitled to retain possession of the goods.

Held, further, moreover, that s 11 of the Act expressly disentitled the applicant to claim 'the return of the goods' at this stage and attachment, albeit by the deputy-sheriff, amounted to claiming such return.

Held, therefore, that the application should be dismissed.

F Fil Investments (Pty) Ltd v Levinson 1949 (4) SA 482 (W) applied.

Santambank Bpk v Dempers 1987 (4) SA 639 (O) not followed.

Case Information

Application for an order of attachment. The facts appear from the reasons for judgment.

G J Medalie for the applicant.

No appearance for the respondent.

Cur adv vult.

Postea (April 12). H

Judgment

Goldstein J:

This is an application for an order of attachment of certain goods sold by the applicant to the respondent in terms of a written agreement which is subject to the provisions of the Credit Agreements Act 75 of 1980. The respondent is in default of instalments payable in terms of such agreement. On 26 February 1988 the applicant I dispatched a letter to the respondent calling upon it to comply with its outstanding obligations in compliance with the requirements of s 11 of the Act. The period of 30...