“Cheeky” Defendant Has to Pay

Cape Town small claims Commissioner Serf Hurter was astonished at the “cheek” of an estate agent defendant who not only considered her business commitments more important than attending court, but demanded that her case be placed on the roll in the morning, to suit herself.

In a letter demanding a postponement, Ms Shayne Warden, who trades as Cape Atlantic Properties, wrote: “I cannot be in two places at the same time, and have to attend a very urgent business meeting for a very important deal. “Kindly confirm in writing, before 1pm today, that the case has been postponed, and please make sure that the hearing takes place between 10am and 2pm, as I prefer to keep my afternoons free to see clients at home”.

Ms Warden obviously did not know that the Small Claims Courts only sit after hours, usually from 4pm. Her “cheek” landed her with a default judgment to pay R4 013, for unpaid commission claimed by Ms Cecily Anagnostakis, of Table View.

In court, when the commissioner informed Ms Anagnostakis of the letter, she responded: “She’s playing games.” Commissioner Hurter noted on file that the demanded postponement was refused, but he told Ms Anagnostakis: “From the tone of her letter, Ms Warden will come back to rescind (set aside) the default judgment – of that I assure you. Until then, you have a judgment against her.”

Note: Strictly speaking, Ms Warden will not get a rescission of judgment unless she satisfies the court that she had a valid reason for her absence, such as illness, with a medical certificate – but business commitments are not considered valid reason.