Absa Bank Beperk v Van Niekerk en Andere (6384/2005) [2008] ZAGPHC 31 (7 February 2008)

Absa Bank Beperk v Van Niekerk en Andere (6384/2005) [2008] ZAGPHC 31 (7 February 2008)

The court granted condonation for the late filing and amendment of the notice of application for leave to appeal. However, after considering the grounds set out in the amended notice, the court found that there were no reasonable prospects of success on appeal. The facts indicated that Absa Bank had breached its safekeeping agreements with the respondents by trading the silos certificates for its own benefit and failing to ensure payment to the respondents. Furthermore, the court found that Absa Bank had misrepresented facts in its amended notice, which was unexcusable in a matter of this magnitude. As a result, the application for leave to appeal was dismissed with costs on the attorney...

Citation
[2008] ZAGPHC 31
Parties
Applicant: Absa Bank Beperk; Respondent: Frederick Hermanus van Niekerk; Respondent: Andere Respondente (1st to 51st); Respondent: Andere Respondente (52nd and 53rd)
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
7 February 2008
Case Number
6384/2005
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 14 December 2007.
Outcome
Application for leave to appeal dismissed with costs on attorney and client scale.
Judges
B.R. Southwood
Legal Topics
Leave to Appeal, Condonation, Contract Breach, Mandate Agreement, Special Costs Order
Civil Procedure Commercial and Corporate Leave to Appeal Condonation Contract Breach Mandate Agreement Special Costs Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Absa Bank Beperk

Applicant

Frederick Hermanus van Niekerk

Respondent

Andere Respondente (1st to 51st)

Respondent

Andere Respondente (52nd and 53rd)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 14 December 2007.

Legal Issues

  1. 1 Whether condonation should be granted for late filing and amendment of the notice of application for leave to appeal.
  2. 2 Whether the grounds in the amended notice of application for leave to appeal have prospects of success.
  3. 3 Whether Absa Bank misrepresented facts to the court in its amended notice.

Ratio Decidendi

The court granted condonation for the late filing and amendment of the notice of application for leave to appeal. However, after considering the grounds set out in the amended notice, the court found that there were no reasonable prospects of success on appeal. The facts indicated that Absa Bank had breached its safekeeping agreements with the respondents by trading the silos certificates for its own benefit and failing to ensure payment to the respondents. Furthermore, the court found that Absa Bank had misrepresented facts in its amended notice, which was unexcusable in a matter of this magnitude. As a result, the application for leave to appeal was dismissed with costs on the attorney...

Court Disposition

Application for leave to appeal dismissed with costs on attorney and client scale.

Orders

  • The application for leave to appeal is dismissed.
  • Absa Bank Beperk is ordered to pay the costs of the application on the attorney and client scale.