Deksny Trading CC and Another v Hernani In Re: Deksny Trading CC and Others v Hernani (58802/2011) [2017] ZAGPPHC 582 (18 August 2017)

Deksny Trading CC and Another v Hernani In Re: Deksny Trading CC and Others v Hernani (58802/2011) [2017] ZAGPPHC 582 (18 August 2017)

The court held that the applicants failed to demonstrate reasonable prospects of success on appeal or any compelling reason for leave to appeal. The grounds advanced were either unsupported by evidence, misconstrued the applicable legal principles, or were irrelevant due to abandonment or lack of merit. The applicants did not provide the trial transcript to substantiate their challenges to the factual findings. The court reaffirmed its findings of fraudulent conduct and inability to pay debts, and found no error in the application of Section 64 of the Close Corporations Act or in the costs order. Accordingly, leave to appeal was refused and costs awarded against the applicants.

Citation
[2017] ZAGPPHC 582
Parties
Applicant: Deksny Trading CC; Applicant: André de Klerk; Respondent: Renato Hernani Morgado Vieira da Costa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 August 2017
Case Number
58802/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Application for leave to appeal refused; costs awarded against the applicants.
Judges
G Shakoane
Legal Topics
Leave to Appeal Test, Close Corporations Act Section 64, Joint and Several Liability, Fraudulent Misrepresentation, Costs on Attorney and Client Scale
Civil Procedure Commercial and Corporate Leave to Appeal Test Close Corporations Act Section 64 Joint and Several Liability Fraudulent Misrepresentation Costs on Attorney and Client Scale

Case Brief

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Parties

Deksny Trading CC

Applicant

André de Klerk

Applicant

Renato Hernani Morgado Vieira da Costa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the judgment and order granted in favour of the respondent.
  2. 2 Whether the applicants have shown any compelling reason for leave to appeal to be granted.
  3. 3 Whether the applicants' grounds for leave to appeal are supported by the evidence and legal principles applied in the main judgment.

Ratio Decidendi

The court held that the applicants failed to demonstrate reasonable prospects of success on appeal or any compelling reason for leave to appeal. The grounds advanced were either unsupported by evidence, misconstrued the applicable legal principles, or were irrelevant due to abandonment or lack of merit. The applicants did not provide the trial transcript to substantiate their challenges to the factual findings. The court reaffirmed its findings of fraudulent conduct and inability to pay debts, and found no error in the application of Section 64 of the Close Corporations Act or in the costs order. Accordingly, leave to appeal was refused and costs awarded against the applicants.

Court Disposition

Application for leave to appeal refused; costs awarded against the applicants.

Orders

  • The applicants' application for leave to appeal is refused.
  • The applicants are to pay the costs of the application for leave to appeal.