Die Gerhard Labuschane Familietrust and Another v Malan (2444/2014) [2017] ZAGPPHC 1199 (6 December 2017)

Die Gerhard Labuschane Familietrust and Another v Malan (2444/2014) [2017] ZAGPPHC 1199 (6 December 2017)

The court found, after considering the evidence and arguments, especially those newly raised by the applicants during the leave to appeal application, that a case had been made for granting leave to appeal. The judge was satisfied that another court could reasonably reach a different conclusion and therefore granted the application for leave to appeal. The merits and arguments of the case were not further discussed as it was deemed unnecessary at this stage.

Citation
[2017] ZAGPPHC 1199
Parties
Applicant: Die Gerhard Labuschane Familietrust; Applicant: C & C Delwerye BK; Respondent: D.F. Malan
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 December 2017
Case Number
2444/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the Full Bench of this division. Costs of the application will be costs in the cause.
Judges
C.P. Rabie
Legal Topics
Leave to Appeal, Costs Order
Civil Procedure Leave to Appeal Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Die Gerhard Labuschane Familietrust

Applicant

C & C Delwerye BK

Applicant

D.F. Malan

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether another court could reasonably reach a different conclusion than the one previously reached.
  2. 2 Whether leave to appeal should be granted to the applicants.

Ratio Decidendi

The court found, after considering the evidence and arguments, especially those newly raised by the applicants during the leave to appeal application, that a case had been made for granting leave to appeal. The judge was satisfied that another court could reasonably reach a different conclusion and therefore granted the application for leave to appeal. The merits and arguments of the case were not further discussed as it was deemed unnecessary at this stage.

Court Disposition

Leave to appeal granted to the Full Bench of this division. Costs of the application will be costs in the cause.

Orders

  • Leave to appeal is granted to the Full Bench of this division.
  • The costs of this application will be costs in the cause.