ABSA Bank Limited v Van Rensburg and Another; In Re: ABSA Bank Limited v Maree and Another (228/2013) [2014] ZASCA 34; 2014 (4) SA 626 (SCA) (28 March 2014)

ABSA Bank Limited v Van Rensburg and Another; In Re: ABSA Bank Limited v Maree and Another (228/2013) [2014] ZASCA 34; 2014 (4) SA 626 (SCA) (28 March 2014)

The Supreme Court of Appeal held that, following settlement of the disputes between ABSA and the respondents, there were no longer any live issues between the parties. Section 21A(1) of the Supreme Court Act 59 of 1959 provides that an appeal may be dismissed if the judgment or order sought will have no practical effect or result. The court found that the appeal was moot and that it had no jurisdiction to entertain it, as the litigation had terminated upon settlement. Furthermore, the order appealed against was interlocutory in nature and did not dispose of any substantive rights; it was merely a procedural direction to allow the plaintiff to annex documents to its summons. Such an order...

Citation
[2014] ZASCA 34
Parties
Appellant: ABSA Bank Limited; Respondent: Peter Jacobus Janse Van Rensburg; Respondent: Gina Mari Janse Van Rensburg; Respondent: Elizabeth Francina Maree; Respondent: Stefanus Maree
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 March 2014
Case Number
228/2013
Procedural Posture
Civil Appeal / Appeal From Full Bench of Western Cape High Court, Cape Town
Outcome
Appeal struck from the roll.
Judges
M Maya, M Shongwe, I Leach, N Saldulker, O Mathopo
Legal Topics
Appealability of Interlocutory Orders, Practical Effect Requirement, Rules Board Jurisdiction, Default Judgment Procedure
Civil Procedure Appealability of Interlocutory Orders Practical Effect Requirement Rules Board Jurisdiction Default Judgment Procedure

Case Brief

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Parties

ABSA Bank Limited

Appellant

Peter Jacobus Janse Van Rensburg

Respondent

Gina Mari Janse Van Rensburg

Respondent

Elizabeth Francina Maree

Respondent

Stefanus Maree

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Bench of Western Cape High Court, Cape Town

Legal Issues

  1. 1 Whether the appeal should be entertained where the disputes between the parties have been settled and the order sought will have no practical effect or result.
  2. 2 Whether an order postponing an application for default judgment to allow the plaintiff to annex underlying documents to a simple summons is appealable.

Ratio Decidendi

The Supreme Court of Appeal held that, following settlement of the disputes between ABSA and the respondents, there were no longer any live issues between the parties. Section 21A(1) of the Supreme Court Act 59 of 1959 provides that an appeal may be dismissed if the judgment or order sought will have no practical effect or result. The court found that the appeal was moot and that it had no jurisdiction to entertain it, as the litigation had terminated upon settlement. Furthermore, the order appealed against was interlocutory in nature and did not dispose of any substantive rights; it was merely a procedural direction to allow the plaintiff to annex documents to its summons. Such an order...

Court Disposition

Appeal struck from the roll.

Orders

  • The appeal is struck from the roll.