Ex Parte Virgo Car Rental (Pty) Ltd) in re: Virgo Car Rental (Pty) Ltd v Gerard Boardman (MA 156/2016 arising in CS 190/2003) [2017] SCSC 150 (10 February 2017);

Headnote and Holding: 

Application to vacate or set aside a court order dated 17th July 2003 in Bordman v Virgo Care Rental (Pty) Ltd CS 190 / 2003.

The Order of Judge Judoo on 17th July 2003 placed a restriction on the change of ownership or charge of certain vehicles pending the determination of the main motion. The Applicant in this case was the Defendant against whom the order applied. The order was ancilliary to a main matter (CS 190/2003) which been before Judge Karunakaran from 28th October 2003 and suffered delays and adjournments for several years. After 15th December 2007 the court adjourned the matter wihout setting a further date. This motion MA 156 of 2016 seeks to set aside the rstriction order made by Judge Judoo in 2003 which was reinforced by a dismissal of a defective motion in July 2016.

The Master set aside the order dated 17th July 2003.