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21 Rescission of Judgment II
20 Rescission of Judgment
19 Independence and Objectivity
18 Property lawyer or Conveyancer
17 Execution of a Judgment
16 Buying / Selling a Business
15 Small Claims Court
14 Legal things to do in 2012
13 Drunken Driving
12 Legal queries
11 Trusts – its all in the name
10 Due diligence – a basic tool in your business kit
9 Debt Collection - a professional approach
8 "I do?" – understanding the legal impact of getting married. 
7. Homes, castles and dreams
6. To sue or not to sue? Let's start with "how" to sue.
5. Knowledge helps – Wills and Administration of Deceased Estates
4. Paying it forward – pro bono support where it counts
3. Contracts - Prevention is better than cure
2. The prickly matter of legal costs
1. Success comes with small steps
 
 

                                                                             
 

enquiries@cooper3e.co.za 
Tel: 0027 (0)84 300 5763 
Fax: 086 605 8265 

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Success comes with small steps


It is often said that success comes with many small steps. We recently learnt this lesson again and would like to share the moment with you.

A client approached us for assistance in claiming payment in terms of an agreement. We instituted a claim. The Defendant did not provide a plea on time and we obtained a Default Judgment. The Defendant applied for Rescission of the Judgment, a procedure normally seen as a mere formality because it is usually successful and therefore usually unopposed.

However, after a considered analysis of the circumstances of this specific case and the case law, we felt obliged to oppose. The attention and care with which we had progressed our client’s case put us in a good position. We asked a junior advocate to give an independent opinion, and to assist in preparation and presenting our argument in Court.

Opposing the application incurred costs, but if we lost we would be no worse off on the legal front than before. If we won we would have a final judgment, and would save many more months of stress and legal costs for the client.

Our opposition thought we were wasting costs and the Court’s time. As often happens, there was a strong chance that, despite our careful research and the good position of our client’s case, the Magistrate would grant the Rescission. We were on the edge of our seats on judgment day. To our great joy the Magistrate found in our client’s favour.

This is an excellent result not only for the client, but also for the firm. It is an affirmation for us of our diligence, discretion and judgment in advising clients. It confirms that doing small things right adds up to good results.
We invite you to join us in doing the small things right. Spend time on checking that your matters are in order, that you are prepared for the curve balls in life, and that you are receiving good, solid legal advice and service.

Please contact us to discuss any matters where you think our advice might assist you.
From the team.

MA Cooper Attorneys
With Energy and with Experience, giving you Expression

 


Contact details:
Email: enquiries@cooper3e.co.za        Tel: 0027 (0)84 300 5763        Fax: 086 605 8265        Web: www.cooper3e.co.za
43 Balfour Road, Rondebosch, Cape Town, 7700 / PO Box 15298, Vlaeberg, 8018, South Africa



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