Capendale and Another v Municipality of Saldanha Bay and Others, In Re; Capendale and Another v 12 Main St, Langebaan (Pty) Ltd and Others (6580/2012 , 840/2012) [2014] ZAWCHC 3 (29 January 2014)

Capendale and Another v Municipality of Saldanha Bay and Others, In Re; Capendale and Another v 12 Main St, Langebaan (Pty) Ltd and Others (6580/2012 , 840/2012) [2014] ZAWCHC 3 (29 January 2014)

The court held that Van der Merwe failed to demonstrate reasonable prospects of success on appeal against the orders reviewing the Municipality's decisions. Even if such prospects existed, success on appeal would not resolve the underlying disputes or permit the resumption of building operations, as new plans would need to comply with current zoning and building regulations. The appeal would not dispose of all issues or lead to a just and prompt resolution of the real issues between the parties. The court emphasized the strict criteria for granting leave to appeal under the Superior Courts Act, noting that appellate intervention is reserved for cases where it will have a practical effect...

Citation
[2014] ZAWCHC 3
Parties
Applicant: Arthur Edwin Capendale; Applicant: The Fiona Trust; Applicant: Mel Richter; Respondent: Municipality of Saldanha Bay; Respondent: 12 Main Street, Langebaan (Pty) Ltd; Respondent: ABSA Bank Limited
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 January 2014
Case Number
6580/2012 , 840/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Application for leave to appeal dismissed with costs.
Judges
Gamble
Legal Topics
Leave to Appeal, Building Regulations, Zoning Scheme, Interdict, Review of Administrative Action
Land and Property Civil Procedure Leave to Appeal Building Regulations Zoning Scheme Interdict Review of Administrative Action

Case Brief

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Parties

Arthur Edwin Capendale

Applicant

The Fiona Trust

Applicant

Mel Richter

Applicant

Municipality of Saldanha Bay

Respondent

12 Main Street, Langebaan (Pty) Ltd

Respondent

ABSA Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits

Legal Issues

  1. 1 Whether the applicant for leave to appeal has reasonable prospects of success on appeal.
  2. 2 Whether there is a compelling reason for the appeal to be heard despite lack of prospects.
  3. 3 Whether the proposed appeal would dispose of all the issues in the case or lead to a just and prompt resolution of the real issues between the parties.

Ratio Decidendi

The court held that Van der Merwe failed to demonstrate reasonable prospects of success on appeal against the orders reviewing the Municipality's decisions. Even if such prospects existed, success on appeal would not resolve the underlying disputes or permit the resumption of building operations, as new plans would need to comply with current zoning and building regulations. The appeal would not dispose of all issues or lead to a just and prompt resolution of the real issues between the parties. The court emphasized the strict criteria for granting leave to appeal under the Superior Courts Act, noting that appellate intervention is reserved for cases where it will have a practical effect...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application.