Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020) [2021] ZAGPJHC 433 (17 September 2021)

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020) [2021] ZAGPJHC 433 (17 September 2021)

The court found that Ms Bertheil failed to demonstrate any reasonable prospect that another court could come to a different conclusion. There was no misdirection on the facts or law in the original judgment. The grounds of appeal largely repeated arguments already considered and rejected in the main hearing. Attempts to introduce new evidence were declined as procedurally improper. The threshold for granting leave to appeal, as set out in section 17(1) of the Superior Courts Act, was not met. Accordingly, the application for leave to appeal was dismissed.

Citation
[2021] ZAGPJHC 433
Parties
Applicant: Peter Dodson N.O. (in his capacity as trustee for the time being of The Griffon Residents Trust); Applicant: The Best Trust Company (JHB) (Pty) Ltd N.O. (in its capacity as trustee for the time being of The Griffon Residents Trust); Respondent: Quattro L Consortium (Pty) Ltd; Respondent: Adriana Bertheil (also known as Gilhar); Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 September 2021
Case Number
28472/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 26 July 2021
Outcome
Application for leave to appeal dismissed.
Judges
F Bezuidenhout
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Eviction, Sale Agreement, Misdirection on Facts
Civil Procedure Land and Property Leave to Appeal Reasonable Prospect of Success Eviction Sale Agreement Misdirection on Facts

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Parties

Peter Dodson N.O. (in his capacity as trustee for the time being of The Griffon Residents Trust)

Applicant

The Best Trust Company (JHB) (Pty) Ltd N.O. (in its capacity as trustee for the time being of The Griffon Residents Trust)

Applicant

Quattro L Consortium (Pty) Ltd

Respondent

Adriana Bertheil (also known as Gilhar)

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 26 July 2021

Legal Issues

  1. 1 Whether the applicant for leave to appeal has demonstrated a reasonable prospect that another court could come to a different conclusion.
  2. 2 Whether there was any misdirection on the facts or law in the original judgment.
  3. 3 Whether the application for leave to appeal meets the threshold set by section 17(1) of the Superior Courts Act.

Ratio Decidendi

The court found that Ms Bertheil failed to demonstrate any reasonable prospect that another court could come to a different conclusion. There was no misdirection on the facts or law in the original judgment. The grounds of appeal largely repeated arguments already considered and rejected in the main hearing. Attempts to introduce new evidence were declined as procedurally improper. The threshold for granting leave to appeal, as set out in section 17(1) of the Superior Courts Act, was not met. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.