Arnold v Cowen and Another (4523/2022) [2025] ZAGPJHC 653 (27 June 2025)

Arnold v Cowen and Another (4523/2022) [2025] ZAGPJHC 653 (27 June 2025)

The court found that the applicant failed to meet the threshold for leave to appeal as set out in section 17 of the Superior Courts Act. The order was interlocutory and not appealable, and the applicant did not follow the prescribed process for introducing new evidence. The argument that condonation was not properly raised was unsupported by authority. The costs order was justified by the applicant's conduct and was discretionary. The application for leave to appeal was dismissed with costs on a punitive scale.

Citation
[2025] ZAGPJHC 653
Parties
Applicant: Phillip Henry Arnold; Respondent: Monica Cowen N.O.; Respondent: Ankia van Jaarsveldt N.O.
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 June 2025
Case Number
4523/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interlocutory Order
Outcome
Application for leave to appeal dismissed with costs on scale C.
Judges
Noko
Legal Topics
Leave to Appeal Threshold, Interlocutory Orders, Condonation, Costs Punitive Scale
Civil Procedure Leave to Appeal Threshold Interlocutory Orders Condonation Costs Punitive Scale

Case Brief

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Parties

Phillip Henry Arnold

Applicant

Monica Cowen N.O.

Respondent

Ankia van Jaarsveldt N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interlocutory Order

Legal Issues

  1. 1 Whether the order striking out the answering affidavit is appealable.
  2. 2 Whether the applicant met the threshold for leave to appeal under section 17 of the Superior Courts Act.
  3. 3 Whether the costs order on a punitive scale was justified.

Ratio Decidendi

The court found that the applicant failed to meet the threshold for leave to appeal as set out in section 17 of the Superior Courts Act. The order was interlocutory and not appealable, and the applicant did not follow the prescribed process for introducing new evidence. The argument that condonation was not properly raised was unsupported by authority. The costs order was justified by the applicant's conduct and was discretionary. The application for leave to appeal was dismissed with costs on a punitive scale.

Court Disposition

Application for leave to appeal dismissed with costs on scale C.

Orders

  • The application for leave to appeal is dismissed with costs on scale C.