Chao v Gomes (2010/16410) [2012] ZAGPJHC 103 (21 May 2012)

Chao v Gomes (2010/16410) [2012] ZAGPJHC 103 (21 May 2012)

The court found that the documents annexed to the provisional sentence summons constituted a liquid undertaking by the applicant to pay the sum claimed. The application for condonation for the late filing of the notice of appeal was dismissed because the applicant failed to show good cause and the appeal was doomed to failure, as provisional sentence orders are not appealable according to binding Supreme Court of Appeal authority. The application to amend the notice of motion was refused due to its late submission, lack of notice to the respondent, and the fact that the relief sought was inconsistent with the original claim. The interests of justice dictated that the proceedings should be...

Citation
[2012] ZAGPJHC 103
Parties
Applicant: Chao Hle Hwa; Respondent: Gomes Ricardo Maurico
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 May 2012
Case Number
2010/16410
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
All applications by the applicant are dismissed with costs.
Judges
C G Lamont
Legal Topics
Provisional Sentence, Condonation, Leave to Appeal, Liquid Document, Amendment of Notice of Motion
Civil Procedure Provisional Sentence Condonation Leave to Appeal Liquid Document Amendment of Notice of Motion

Case Brief

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Parties

Chao Hle Hwa

Applicant

Gomes Ricardo Maurico

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether the documents annexed to the provisional sentence summons constituted a liquid document.
  2. 2 Whether the defendant's application for condonation for late filing of the notice of appeal should be granted.
  3. 3 Whether the application for leave to appeal is competent given the nature of provisional sentence orders.

Ratio Decidendi

The court found that the documents annexed to the provisional sentence summons constituted a liquid undertaking by the applicant to pay the sum claimed. The application for condonation for the late filing of the notice of appeal was dismissed because the applicant failed to show good cause and the appeal was doomed to failure, as provisional sentence orders are not appealable according to binding Supreme Court of Appeal authority. The application to amend the notice of motion was refused due to its late submission, lack of notice to the respondent, and the fact that the relief sought was inconsistent with the original claim. The interests of justice dictated that the proceedings should be...

Court Disposition

All applications by the applicant are dismissed with costs.

Orders

  • The application for condonation for the late filing of the notice of appeal is dismissed with costs.
  • The application to amend the notice of motion is dismissed with costs.