Gauteng man loses court battle to retain BMW X6 amid R620,000 debt.
Image: File
THE South Gauteng High Court has dismissed a rescission application from a BMW X6 owner, upholding a default judgment that mandates the return of the vehicle to Superdrive Investments.
Judge Leicester Adams refused an application by a man identified as Z G to overturn a 2021 default judgment that had cancelled his sale agreement and directed him to return a 2014 BMW X6 to Superdrive.
The vehicle was originally financed in August 2016 under a written instalment sale agreement concluded with BMW Financial Services (Pty) Ltd. The agreement was later ceded to Superdrive.
In terms of the contract, the man purchased the vehicle for R1,125 million, payable in 71 monthly instalments of R18,854.00, followed by a final balloon payment of over R337, 000.
By June 2021, the man had fallen into arrears of over R34,000. At the time legal proceedings were instituted, the outstanding balance stood at R629,581.54, with more than a year remaining on the contract.
Superdrive subsequently obtained default judgment after the summons was served at the man's chosen address in Mapleton, Boksburg.
When the rescission application was heard on February 23, 2026, the man first sought a postponement, arguing that he required discovery in terms of Rule 35(3).
The court rejected this argument, noting that Rule 35 discovery procedures do not automatically apply to motion proceedings unless directed by the court.
Judge Adams found that the postponement application was a tactical manoeuvre aimed at delaying proceedings.
He said the man had been notified of the hearing date more than six months earlier but had remained “entirely passive” until the eleventh hour. The judge further added that a postponement is an indulgence rather than a right and found the application to be an abuse of process intended to delay proceedings.
Turning to the merits of the application, the court accepted the man's explanation that he had not personally received the summons, which had been served at his chosen address in Mapleton, Boksburg. However, the judge found there was no evidence that Superdrive knew or ought to have known that he was no longer residing at that address.
As a result, service was not irregular and the default judgment was not “erroneously sought or granted”.
Furthermore, the man argued that he never received a notice in terms of Section 129 of the National Credit Act and that the summons was therefore premature.
The court rejected this defence, noting that Superdrive had produced registered post track-and-trace proof showing delivery to the correct post office and issuance of a notification to the recipient.
The man also questioned Superdrive's standing, claiming he had not been notified of the cession from BMW Financial Services to Superdrive.
The court dismissed this defence as legally unsustainable, pointing out that the original agreement expressly authorised cession without notice to the consumer and that a written cession agreement had been produced.
Judge Adams further concluded that the rescission application itself lacked bona fides and appeared aimed at delaying the inevitable.
The court was also critical of the man's conduct, noting that he had made no payments since 2021 while remaining in possession of a “rapidly depreciating asset”.
As a result, the application was dismissed with costs.