Default judgment was granted against the respondent in the Limpopo Division while the parties were engaged in settlement negotiations. The respondent had filed a notice of intention to oppose but withheld its answering affidavit pending settlement. Despite assurances from the appellant’s attorneys that the matter would be ‘sorted out’, they failed to revert to the respondent. On the hearing date, the respondent’s counsel sought a postponement, which was refused, and default judgment was granted. A rescission application was later dismissed by Muller J on the incorrect basis that the judgment was not a default judgment. On appeal, the Full Court set aside that dismissal, granted rescission, and allowed the respondent to file its answering affidavit. The appellant then appealed to the Supreme Court of Appeal.