Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021) [2025] ZAWCHC 316 (30 July 2025)

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021) [2025] ZAWCHC 316 (30 July 2025)

The court found that the applicant had demonstrated a clear intention to appeal the impugned judgment and had filed an application for leave to appeal, accompanied by an affidavit explaining the delay and seeking condonation. The respondents, despite being aware of the pending appeal process, proceeded to execute the judgment and refused to provide an undertaking not to execute, which compelled the applicant to bring the urgent application. The court held that, although a late application for leave to appeal does not automatically suspend execution, the respondents' conduct in refusing the undertaking and proceeding with execution was improper and unjustified. The court determined that...

Citation
[2025] ZAWCHC 316
Parties
Applicant: Claremart Auctioneers (Pty) Ltd; Respondent: Wilhelmus Antonium Van Beuren; Respondent: Paragon CPT (Pty) Ltd; Respondent: Nande Ingrid Mabona; Respondent: TSM Inc; Respondent: The Sheriff of the High Court, Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
30 July 2025
Case Number
18103/2021
Procedural Posture
Stay Application / Application for Stay of Execution Pending Leave to Appeal
Outcome
Application for stay of execution granted. First and second respondents ordered to pay costs jointly and severally.
Judges
LekhULENI
Legal Topics
Stay of Execution, Leave to Appeal, Costs Order, Superior Courts Act, Uniform Rules of Court
Civil Procedure Stay of Execution Leave to Appeal Costs Order Superior Courts Act Uniform Rules of Court

Case Brief

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Parties

Claremart Auctioneers (Pty) Ltd

Applicant

Wilhelmus Antonium Van Beuren

Respondent

Paragon CPT (Pty) Ltd

Respondent

Nande Ingrid Mabona

Respondent

TSM Inc

Respondent

The Sheriff of the High Court, Cape Town

Respondent

Procedural Posture

Stay Application / Application for Stay of Execution Pending Leave to Appeal

Legal Issues

  1. 1 Whether the warrant of execution issued pursuant to the judgment of Fortuin J should be stayed pending the outcome of the applicant's application for leave to appeal or any subsequent appeal proceedings.
  2. 2 Whether the first and second respondents should be ordered to pay the costs of the application for stay.

Ratio Decidendi

The court found that the applicant had demonstrated a clear intention to appeal the impugned judgment and had filed an application for leave to appeal, accompanied by an affidavit explaining the delay and seeking condonation. The respondents, despite being aware of the pending appeal process, proceeded to execute the judgment and refused to provide an undertaking not to execute, which compelled the applicant to bring the urgent application. The court held that, although a late application for leave to appeal does not automatically suspend execution, the respondents' conduct in refusing the undertaking and proceeding with execution was improper and unjustified. The court determined that...

Court Disposition

Application for stay of execution granted. First and second respondents ordered to pay costs jointly and severally.

Orders

  • The Warrant of Execution issued by the Registrar of this court on 04 June 2025 and executed on 09 June 2025 is hereby stayed pending the outcome of the applicant’s application for leave to appeal or any subsequent appeal proceedings.
  • The first and the second respondents are ordered to pay the costs of this application jointly and severally, including the costs of counsel on a party and party scale B.