De Villiers en Anders v De Villiers (4700/07) [2011] ZAWCHC 173 (11 March 2011)

De Villiers en Anders v De Villiers (4700/07) [2011] ZAWCHC 173 (11 March 2011)

The court considered all written and oral arguments presented by both parties. After careful deliberation, the judge was satisfied that there was no reasonable possibility that another court would reach a different decision in this matter. The application for leave to appeal was therefore refused. The court further ordered that costs, including the costs of two counsel, be awarded against the applicants.

Citation
[2011] ZAWCHC 173
Parties
Applicant: Michiel Johan de Villiers; Applicant: Michiel Johan de Villiers N O; Applicant: Jacqueline Michel Louw; Applicant: Me Ester van die Hoe Hof; Applicant: Lorraine Marie de Villiers N O; Applicant: Nisha Ramnath N O; Applicant: The Trustees Indertyd van die LL Scheepers Trust; Applicant: The Trustees Indertyd van die Lorraine Trust; Applicant: Jean-Marie de Villiers N O; Applicant: Liesl-May van Niekerk (born de Villiers) N O; Respondent: Lorraine Marie de Villiers
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
11 March 2011
Case Number
4700/07
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal refused with costs, including costs of two counsel.
Judges
AM de Swardt
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Costs Award
Civil Procedure Leave to Appeal Reasonable Prospect of Success Costs Award

Case Brief

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Parties

Michiel Johan de Villiers

Applicant

Michiel Johan de Villiers N O

Applicant

Jacqueline Michel Louw

Applicant

Me Ester van die Hoe Hof

Applicant

Lorraine Marie de Villiers N O

Applicant

Nisha Ramnath N O

Applicant

The Trustees Indertyd van die LL Scheepers Trust

Applicant

The Trustees Indertyd van die Lorraine Trust

Applicant

Jean-Marie de Villiers N O

Applicant

Liesl-May van Niekerk (born de Villiers) N O

Applicant

Lorraine Marie de Villiers

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the applicants have shown a reasonable prospect that another court would come to a different decision.
  2. 2 Whether leave to appeal should be granted in terms of the applicable test.
  3. 3 Whether costs should be awarded against the applicants, including costs of two counsel.

Ratio Decidendi

The court considered all written and oral arguments presented by both parties. After careful deliberation, the judge was satisfied that there was no reasonable possibility that another court would reach a different decision in this matter. The application for leave to appeal was therefore refused. The court further ordered that costs, including the costs of two counsel, be awarded against the applicants.

Court Disposition

Application for leave to appeal refused with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is refused.
  • The applicants are ordered to pay the costs of the application, including the costs of two counsel.