BWM Financial Services (SA) (Pty) Ltd v Finlay and Others (55858/10, 55860/10, 56219/10) [2017] ZAGPPHC 383 (31 March 2017)

BWM Financial Services (SA) (Pty) Ltd v Finlay and Others (55858/10, 55860/10, 56219/10) [2017] ZAGPPHC 383 (31 March 2017)

The court found that, based on its conclusion in paragraph 44 of the original judgment regarding Tabata, there is a reasonable prospect that another court could reach a different conclusion on the evidence. Therefore, the threshold set by section 17(1)(a)(i) of the Superior Courts Act for granting leave to appeal was met. The applicant made out a case for leave to be granted, and the order was made accordingly.

Citation
[2017] ZAGPPHC 383
Parties
Applicant: BMW Financial Services (SA) (Pty) Ltd; Respondent: Finlay, Sean Alister; Respondent: Tabata, Dumisani Dumekhaya; Respondent: Pascoe, John Levallon; Respondent: Two Ships Trading 148 (Pty) Ltd; Respondent: Amabubesi Motor Trading Group (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 March 2017
Case Number
55858/10, 55860/10, 56219/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the Supreme Court of Appeal; costs to be costs in the appeal.
Judges
Hughes
Legal Topics
Leave to Appeal, Estoppel, Prospects of Success, Superior Courts Act Section 17
Civil Procedure Leave to Appeal Estoppel Prospects of Success Superior Courts Act Section 17

Case Brief

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Parties

BMW Financial Services (SA) (Pty) Ltd

Applicant

Finlay, Sean Alister

Respondent

Tabata, Dumisani Dumekhaya

Respondent

Pascoe, John Levallon

Respondent

Two Ships Trading 148 (Pty) Ltd

Respondent

Amabubesi Motor Trading Group (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 17(1)(a)(i) of the Superior Courts Act.
  2. 2 Whether there is a reasonable prospect that another court would come to a different conclusion regarding the defence of estoppel.
  3. 3 Whether the court erred in its factual findings, particularly in relation to Tabata.

Ratio Decidendi

The court found that, based on its conclusion in paragraph 44 of the original judgment regarding Tabata, there is a reasonable prospect that another court could reach a different conclusion on the evidence. Therefore, the threshold set by section 17(1)(a)(i) of the Superior Courts Act for granting leave to appeal was met. The applicant made out a case for leave to be granted, and the order was made accordingly.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal; costs to be costs in the appeal.

Orders

  • Leave to appeal is granted to the Supreme Court of Appeal.
  • Costs are costs in the appeal.