Bricker and Another v Hobkirk [2023] ZAGPPHC 222; 6972/2022 (5 April 2023)

Bricker and Another v Hobkirk [2023] ZAGPPHC 222; 6972/2022 (5 April 2023)

The court found that the applicants failed to demonstrate a reasonable prospect of success on appeal. The evidence showed that both applicants acted in concert to harass the respondent, and the order was justified to protect her rights. The court rejected the argument that the email was protected by qualified privilege, finding instead that it was intended to belittle and harass the respondent. No material dispute of fact existed that would warrant referral to oral evidence. The applicants did not suffer prejudice from the order, and no compelling circumstances or important questions of law justified granting leave to appeal. Accordingly, the application for leave to appeal was dismissed.

Citation
[2023] ZAGPPHC 222
Parties
Applicant: Sheryl Lynn Bricker; Applicant: Carl Bricker; Respondent: Dominique Hobkirk
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 April 2023
Case Number
6972/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Confirmation of Interim Interdict
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mazibuko
Legal Topics
Interim Interdict, Leave to Appeal, Defamation, Qualified Privilege, Misjoinder
Civil Procedure Delict Interim Interdict Leave to Appeal Defamation Qualified Privilege Misjoinder

Case Brief

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Parties

Sheryl Lynn Bricker

Applicant

Carl Bricker

Applicant

Dominique Hobkirk

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Confirmation of Interim Interdict

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal against the confirmation of the interim interdict.
  2. 2 Whether the order against the second applicant was justified given the evidence.
  3. 3 Whether the email sent by the applicants was protected by qualified privilege.

Ratio Decidendi

The court found that the applicants failed to demonstrate a reasonable prospect of success on appeal. The evidence showed that both applicants acted in concert to harass the respondent, and the order was justified to protect her rights. The court rejected the argument that the email was protected by qualified privilege, finding instead that it was intended to belittle and harass the respondent. No material dispute of fact existed that would warrant referral to oral evidence. The applicants did not suffer prejudice from the order, and no compelling circumstances or important questions of law justified granting leave to appeal. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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