Dale v Rian Du Plessis Attorney & Conveyancer and Others (38406/2020) [2022] ZAGPPHC 452 (1 July 2022)

Dale v Rian Du Plessis Attorney & Conveyancer and Others (38406/2020) [2022] ZAGPPHC 452 (1 July 2022)

The court held that it was legally permissible and indeed obligatory to raise the issue of non-compliance with Rule 63, even though it was not raised by the parties, as the defect was apparent from the applicant's affidavits. The applicant failed to demonstrate compliance with Rule 63 and did not substantively challenge the court's findings on the merits. The threshold for granting leave to appeal under section 17(1)(a)(i) of the Superior Courts Act was not met, as there was no reasonable prospect that another court would reach a different conclusion. The application for leave to appeal was therefore dismissed with costs.

Citation
[2022] ZAGPPHC 452
Parties
Applicant: Irene Dale; Respondent: Rian Du Plessis Attorney & Conveyancer; Respondent: Johannes Christian Du Plessis; Respondent: PJ Kleyhans Incorporated Attorneys; Respondent: Legal Practice Council
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 July 2022
Case Number
38406/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Initial Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Bam
Legal Topics
Leave to Appeal, Uniform Rule 63, Judicial Restraint, Prospects of Success
Civil Procedure Leave to Appeal Uniform Rule 63 Judicial Restraint Prospects of Success

Case Brief

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Parties

Irene Dale

Applicant

Rian Du Plessis Attorney & Conveyancer

Respondent

Johannes Christian Du Plessis

Respondent

PJ Kleyhans Incorporated Attorneys

Respondent

Legal Practice Council

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Initial Application

Legal Issues

  1. 1 Whether the court erred in raising the issue of non-compliance with Rule 63 mero motu.
  2. 2 Whether the applicant complied with Uniform Rule 63.
  3. 3 Whether the application for leave to appeal meets the threshold of reasonable prospects of success under section 17(1)(a)(i) of the Superior Courts Act.

Ratio Decidendi

The court held that it was legally permissible and indeed obligatory to raise the issue of non-compliance with Rule 63, even though it was not raised by the parties, as the defect was apparent from the applicant's affidavits. The applicant failed to demonstrate compliance with Rule 63 and did not substantively challenge the court's findings on the merits. The threshold for granting leave to appeal under section 17(1)(a)(i) of the Superior Courts Act was not met, as there was no reasonable prospect that another court would reach a different conclusion. 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.