ABSA Bank Limited v AA Diamonds (Pty) Ltd (29174/2019) [2023] ZAGPJHC 1427 (8 December 2023)
The court found that the Respondent failed to demonstrate reasonable prospects that another court would reach a different conclusion. After considering all grounds of appeal and submissions, the court was unconvinced that the threshold for leave to appeal was met. Consequently, the application for leave to appeal...
Source-derived case information.
- Citation
- [2023] ZAGPJHC 1427
- Parties
- Applicant: ABSA Bank Limited; Respondent: AA Diamonds (Pty) Ltd
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 29174/2019
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 21 May 2021
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- G Ally
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
ABSA Bank Limited
Applicant
AA Diamonds (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 21 May 2021
Legal Issues
- 1 Whether the Respondent has demonstrated reasonable prospects that another court would reach a different conclusion.
- 2 Whether there are compelling reasons to grant leave to appeal.
Ratio Decidendi
The court found that the Respondent failed to demonstrate reasonable prospects that another court would reach a different conclusion. After considering all grounds of appeal and submissions, the court was unconvinced that the threshold for leave to appeal was met. Consequently, the application for leave to appeal was dismissed, and costs were awarded against the Respondent.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal by the Respondent is dismissed with costs.
Full Case Text
Judgment text and source record
37 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO:29174/2019
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: YES
Date: 8 December 2023
In the matter between:
ABSA BANK LIMITED
APPLICANT/RESPONDENT
And
AA DIAMONDS (PTY) LTD
RESPONDENT/APPLICANT
LEAVE TO APPEAL JUDGEMENT
ALLY AJ
This is an application for leave to appeal launched by the Respondent against the whole of my judgement dated 21 May 2021.
[2] The parties in this application were represented by Adv. J.W. Steyn for the Applicant/Respondent and Mr L. Marks for the Respondent/Applicant.
[3] The parties are referred to as in the main application for the sake of convenience.
[4] It has now become trite that the test in applications for leave to appeal has changed to one which is heightened[1]. The Respondent is accordingly required to convince this Court that another Court ‘would’ come to another conclusion.
[5] I do not deem it necessary to repeat the grounds of appeal in this judgement save to state that I have considered all the grounds as well as the submissions of both parties in this application.
[6] I remain unconvinced that another court would come to a different conclusion and accordingly I am of the view that there are no reasonable prospects of success and there are no compelling reasons to grant this application for leave to appeal. Accordingly, the application must fail and costs must follow the result.
[7] Accordingly, the following Order shall issue:
a). The application for leave to appeal by the Respondent is dismissed with costs.
G ALLY
ACTING JUDGE OF THE HIGH COURT
GAUTENG LOCAL DIVISION OF THE HIGH COURT, JOHANNESBURG
Electronically submitted therefore unsigned
Delivered: This judgement was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date for hand-down is deemed to be 8 December 2023.
Date of virtual hearing: 29 June 2023
Date of judgment: 8 December 2023
Appearances:
Attorneys for the Applicant/Respondent : JAY MOTHOBI INC
quentin@jay.co.za/esme@jay.co.za
Counsel for Applicant/Respondent : Adv. J.W. Steyn
Attorneys for the Respondent/Applicant : LARRY MARKS ATTORNEYS
info@lam.co.za
[1] The Mont Chevaux Trust v Tina Goosen 3 November 2014 (unreported judgement LCC Case No: LCC14R/2014; The Acting National Director of Public Prosecution v Democratic Alliance (unreported case no: 19577/09 dated 24 June 2016); First Reality (Pty) Ltd v Mitchell & Others 2021 ZALCC 21 dated 23 August 2021 @ para 2