Claassens v Swart (67069/2015) [2017] ZAGPPHC 858 (23 October 2017)

Claassens v Swart (67069/2015) [2017] ZAGPPHC 858 (23 October 2017)

The court found, after reconsidering its previous judgments and the submissions made by counsel, that there are no reasonable prospects of success on appeal regarding either the damages awarded for defamation or the costs order made under Rule 34(12). The application for leave to appeal was therefore dismissed with costs.

Citation
[2017] ZAGPPHC 858
Parties
Applicant: Jacobus Claassens; Respondent: Engela Swart
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2017
Case Number
67069/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
A J Bam
Legal Topics
Leave to Appeal, Costs Award, Defamation Damages, Rule 34 12 Application
Civil Procedure Leave to Appeal Costs Award Defamation Damages Rule 34 12 Application

Case Brief

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Parties

Jacobus Claassens

Applicant

Engela Swart

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal regarding the damages award for defamation.
  2. 2 Whether the applicant has reasonable prospects of success on appeal regarding the costs order made under Rule 34(12).

Ratio Decidendi

The court found, after reconsidering its previous judgments and the submissions made by counsel, that there are no reasonable prospects of success on appeal regarding either the damages awarded for defamation or the costs order made under Rule 34(12). The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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