Fountainhead Property Trust and Another v Gospel Direct (Pty) Lt t/a Gospel Direct and Another (70335/11) [2014] ZAGPPHC 571 (11 August 2014)
Condonation for the late filing of applications for leave to appeal was granted to both parties as neither opposed the other's application and the costs were reserved for the Full Bench. Leave to appeal was granted to the defendants regarding the judgment on the first claim for rent, as there may have been a...
Source-derived case information.
- Citation
- [2014] ZAGPPHC 571
- Parties
- Plaintiff: Fountainhead Property Trust; Plaintiff: Attfund Limited; Defendant: Gospel Direct (Pty) Ltd t/a Gospel Direct; Defendant: Lukas Hermanus Carelsen
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 70335/2011
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment on Claims
- Outcome
- Condonation for late filing of applications for leave to appeal granted to both parties. Leave to appeal granted to defendants on the first claim and to plaintiffs on the second and third claims. Costs reserved for determination by the Full Bench.
- Judges
- P.Z. Ebersohn
- Legal Topics
- Leave to Appeal, Condonation, Lease Dispute, Future Rental Loss, Restoration Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fountainhead Property Trust
Plaintiff
Attfund Limited
Plaintiff
Gospel Direct (Pty) Ltd t/a Gospel Direct
Defendant
Lukas Hermanus Carelsen
Defendant
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Claims
Legal Issues
- 1 Whether condonation should be granted for the late filing of applications for leave to appeal by both parties.
- 2 Whether leave to appeal should be granted to the defendants regarding the judgment on the first claim for rent.
- 3 Whether leave to appeal should be granted to the plaintiffs regarding the dismissal of the second and third claims for restoration costs and future rental loss.
Ratio Decidendi
Condonation for the late filing of applications for leave to appeal was granted to both parties as neither opposed the other's application and the costs were reserved for the Full Bench. Leave to appeal was granted to the defendants regarding the judgment on the first claim for rent, as there may have been a misunderstanding between the court and the parties. Leave to appeal was also granted to the plaintiffs regarding the dismissal of the second and third claims for restoration costs and future rental loss, as there is a possibility another court may reach a different decision. The costs of the applications for leave to appeal were reserved for determination by the Full Bench.
Court Disposition
Condonation for late filing of applications for leave to appeal granted to both parties. Leave to appeal granted to defendants on the first claim and to plaintiffs on the second and third claims. Costs reserved for determination by the Full Bench.
Orders
- The application for condonation by the plaintiffs is granted and the application for condonation by the defendants is granted; costs reserved for determination by the Full Bench.
- Leave to appeal to the Full Bench against the dismissal of the second and third claims against the defendants is granted to the plaintiffs.
Full Case Text
Judgment text and source record
38 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO.: 70335/2011
DATE: 10 AUGUST 2014
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
In the matter between:
FOUNTAINHEAD PROPERTY TRUST................................................1ST PLAINTIFF/RESPONDENT
ATTFUND LIMITED................................................................................2nd PLAINTIFF/ RESPONDENT
and
GOSPEL DIRECT (PTY) LTD T/A
GOSPEL DIRECT.......................................................................................1st DEFENDANT/APPLICANT
LUKAS HERMANUS CARELSEN...........................................................2nd DEFENDANT/APPLICANT
CORAM EBERSOHN AJ
HEARD ON 1 AUGUST 2014
JUDGMENT HANDED DOWN ON 11 AUGUST 2014
JUDGMENT APPLICATION FOR LEAVE TO APPEAL
EBERSOHN AJ:
[1] To avoid confusion the parties will be referred to by name.
[2] Fountainhead Propert Trust/Attfund Limited (Fountainhead”) issued summons against Gospel Direct (Pt) Ltd t/a Gospel Direct/Lukas Hermanus Carelsen (“Gospel Direct”) wherein it claimed three amounts from the defendants. Firstly, R93 066,75 being for rent; secondly R93964,50 costs to restore the perorty to a good condition and, thirdly, R88 608,24 being in respect of future loss of rental. After hearing evidene the court granted judgment regarding the first claim in favour of the plaintiffs and dismissed the two other claims.
[3] The defendants applied for leave to appeal against the judgment regarding the first claim in which judgment was garanted againstg them and the plaintiffs applied for leave to appeal with regard to the two claims against the defendants which were dismissed b the court.
[4] The defendants applied for condonation regarding the later filing of th application forleave to appeal. The plaintiffs similarly also applied for condonation for the late filing of their application for leave to appeal. The parties have agreed not to oppose the said applications for condonation and condonationwill be granted.
[5] With regard to the application for leave to appeal against the first clai in which judgment was granted against it ,it may be that there was a misunderstanding between the court and the parties and the court will grant leave to appeal. There may be a possibility that another court may come to another decision regarding the second and third claims and leave to appeal will be granted to the plaintiff as far as the two claims are concerned.
[6] The following order is made:
1. The application for condonation by the plaintiffs is granted and the application for condonation by the defendants is granted, the costs of both is reserved for determination by the Full Bench.
2. Leave to appeal to the Full Bench against the dismissal of the second and third claims against the defendants is granted to the plaintiffs.
3. Leave to appeal to the Full Bench against the granting of the first claim against it is granted to the defendants.
4. The costs of the applications for leave to appeal is reserved for determination by the FullBench.
P.Z. EBERSOHN
ACTING JUDGE OF THE HIGH COURT
The plaintiffs’ counsel: Adv. G.T. AWAKOUMIDES
The plaintiffs’ attorneys: Halse, Havemann & Lloyd
Ref. Mnr. Van Stade/Cindy
Tel. 012 348 5534
The defendants’ counsel: Adv. T. L. JACOBS
The defendants’ attorneys: Mark Efstratiou Inc.
TEL. 012 809 4301
REF. Mr. Efstratiou/E 10880