Brand and Another v Western Platinum Limited (9746/2007) [2008] ZAGPHC 318 (26 September 2008)

Brand and Another v Western Platinum Limited (9746/2007) [2008] ZAGPHC 318 (26 September 2008)

The court found that, although the grounds advanced by the applicants were not all correct, the application for leave to appeal raised sufficient prospects that another court may reach a different conclusion. The court was persuaded that the issue of rectification and the interpretation of the order warranted further consideration by a full bench. Accordingly, leave to appeal was granted.

Citation
[2008] ZAGPHC 318
Parties
Plaintiff: Johannes Petrus Brand; Plaintiff: Hanneli Brand; Defendant: Western Platinum Limited
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
26 September 2008
Case Number
9746/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 20 May 2008.
Outcome
Leave to appeal to the full bench of the division is granted. Costs of the application for leave to appeal are costs in the appeal.
Judges
Makhafola K
Legal Topics
Leave to Appeal, Rectification, Costs Order
Civil Procedure Leave to Appeal Rectification Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Johannes Petrus Brand

Plaintiff

Hanneli Brand

Plaintiff

Western Platinum Limited

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 20 May 2008.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the whole judgment delivered on 20 May 2008.
  2. 2 Whether the grounds advanced by the applicants create prospects of success for another court to reach a different conclusion.
  3. 3 Whether the court properly considered the issue of rectification as requested by the parties.

Ratio Decidendi

The court found that, although the grounds advanced by the applicants were not all correct, the application for leave to appeal raised sufficient prospects that another court may reach a different conclusion. The court was persuaded that the issue of rectification and the interpretation of the order warranted further consideration by a full bench. Accordingly, leave to appeal was granted.

Court Disposition

Leave to appeal to the full bench of the division is granted. Costs of the application for leave to appeal are costs in the appeal.

Orders

  • Leave to appeal to the full bench of this division is granted.
  • Costs of the application for leave to appeal are costs in the appeal.