DCL Interiors CC (In Liquidation) v Weavind and Weavind Inc and Others (Leave to Appeal) (3024/2018) [2024] ZAGPPHC 1329 (12 December 2024)
The court found that, after considering the application and the arguments presented, there are no reasonable prospects that another court would reach a different decision. Furthermore, there is no compelling reason for the appeal to be heard. The application for leave to appeal is therefore dismissed. The court...
Source-derived case information.
- Citation
- [2024] ZAGPPHC 1329
- Parties
- Applicant: DCL Interiors CC (In Liquidation); Respondent: Weavind & Weavind Inc; Respondent: Dennis Christopher Louw N O; Respondent: Melanie Louw N O; Respondent: Pasqualino Lattuca N O (Joint liquidator of the CQC Trust, Trust no IT 298/07)
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 3024/2018
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Holland-Muter
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order, Superior Courts Act
Source-derived case record
Summary, issues, holding and outcome
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Parties
DCL Interiors CC (In Liquidation)
Applicant
Weavind & Weavind Inc
Respondent
Dennis Christopher Louw N O
Respondent
Melanie Louw N O
Respondent
Pasqualino Lattuca N O (Joint liquidator of the CQC Trust, Trust no IT 298/07)
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Legal Issues
- 1 Whether there is a reasonable prospect that another court would come to a different decision.
- 2 Whether there is any other compelling reason why the appeal should be heard.
- 3 Whether costs should be awarded against the applicant.
Ratio Decidendi
The court found that, after considering the application and the arguments presented, there are no reasonable prospects that another court would reach a different decision. Furthermore, there is no compelling reason for the appeal to be heard. The application for leave to appeal is therefore dismissed. The court ordered that costs be awarded against the applicant, to be taxed on Scale C as provided for in Rule 69(7) of the Uniform Rules of Court.
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, taxed on Scale C as contained in Rule 69(7) of the Uniform Rules of Court.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: 3024/2018
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: Yes
DATE 12 December 2024
SIGNATURE
In the matter between
DCL INTERIORS CC (In Liquidation ) Applicant
and
WEAVIND & WEAVIND INC
1st Respondent
DENNIS CHRISTOPHER LOUW N O
2nd Respondent
MELANIE LOUW N O
3rd Respondent
PASQUALINO LATTUCA N O (In their capacity as the
Joint liquidators of the CQC Trust, Trust no IT 298/07)
4th Respondent
JUGDMENT: APPLICATION FOR LEAVE TO APPEAL
(The matter was heard in open court on 11 December 2024. Judgment was reserved and delivered by uploading the judgment onto the electronic file of the matter on CaseLines. The date of uploading the judgment onto CaseLines is deemed to be the date of the judgment)
BEFORE: HOLLAND-MUTER J:
[1] Having heard counsel for the parties and after perusing the application for leave to appeal and the heads of arguments presented
to Court by the legal representatives of the parties, and considering the provisions of section 17 (1) (a) (i) &(ii) of the Superior Court Act, 10 of 2013, the court is satisfied that there is no reasonable prospect of success that another court would come to another decision as this court; or that there is some other compelling reason why the appeal should be heard.
[2] There is nothing further that the court would like to add to the judgment given in this matter.
[3] The application for leave to appeal is dismissed with costs, costs to be taxed on Scale C as contained in Rule 69(7) of the Uniform Rules of Court.
Signed at Pretoria on 12 December 2024.
HOLLAND-MUTER J
JUDGE OF THE PRETORIA HIGH COURT
Matter was heard on 11 December 2024 and Judgment was handed down and uploaded onto CaseLines on 12 December 2024.
Appearances: On behalf of the Applicant: Adv P Cirone paola@cirone.co.za G Goodes (Attorney) george@goodes.co.za On behalf of 1st Respondent: Adv S D Wagener SC wagener@gkchambers.co.za Nic Viviers (Attorney) Nic@weavind.co.za On behalf of 2nd, 3rd & 4th Respondents: Adv H Cilliers Cilliers & Reynders Attorneys Henk@cilreyn.co.za