FirstRand Bank Limited and Another v Basson N.O. and Others (16052/2020) [2023] ZAGPJHC 718 (21 June 2023)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal or that another court would likely reach a different conclusion. The application for leave to appeal was therefore dismissed. The court applied the standard set out in section 17(1) of the Superior Courts Act,...
Source-derived case information.
- Citation
- [2023] ZAGPJHC 718
- Parties
- Applicant: FirstRand Bank Limited [acting through its RMB Private Bank Division]; Respondent: Frans Lodewyk Basson N.O.; Respondent: Linda Basson N.O.; Respondent: Karla Basson; Respondent: Michael Basson; Respondent: Jana Basson
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 16052/2020
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- N Redman
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
FirstRand Bank Limited [acting through its RMB Private Bank Division]
Applicant
Frans Lodewyk Basson N.O.
Respondent
Linda Basson N.O.
Respondent
Karla Basson
Respondent
Michael Basson
Respondent
Jana Basson
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
- 2 Whether another court would come to a different decision.
- 3 Whether leave to appeal should be granted.
Ratio Decidendi
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal or that another court would likely reach a different conclusion. The application for leave to appeal was therefore dismissed. The court applied the standard set out in section 17(1) of the Superior Courts Act, requiring reasonable prospects of success for leave to be granted.
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.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NUMBER: 16052/2020
In the matter between:
FIRSTRAND BANK LIMITED [acting through its RMB Private Bank Division] Applicant And FRANS LODEWYK BASSON N.O. First Respondent LINDA BASSON N.O. [in their capacities as trustees of the Karmighael Trust Master's reference number[…]] Second Respondent KARLA BASSON (ID No:[…]) First Intervening Party MICHAEL BASSON (ID No: […]) Second Intervening Party JANA BASSON (ID No:[…]) Third Intervening Party
JUDGMENT – LEAVE TO APPEAL
REDMAN AJ:
Delivered: This judgment was handed down electronically by circulation to the parties and/or the parties' representatives by email and by being uploaded onto CaseLines. The date and time for hand-down is deemed to be 11h00 on 21 June 2023.
[1] Having considered the application for leave to appeal and the arguments in support thereof, I am not satisfied that the applicant has reasonable prospects of success on appeal or that another Court will come to a different decision.
[2] Accordingly, the application for leave to appeal is dismissed, with costs.
N. REDMAN
Acting Judge of the High Court
Gauteng Division, Johannesburg
Heard: 20 June 2023
Judgment: 21 June 2023
Appearances:
For Applicant: Adv. N Horn Instructed by: Werksmans Attorneys For Respondent: Unrepresented Instructed by: Unrepresented