Genesis One Lighting (Pty) Limited v Jamieson and Others (3212/2019) [2021] ZAGPJHC 862 (23 July 2021)

Genesis One Lighting (Pty) Limited v Jamieson and Others (3212/2019) [2021] ZAGPJHC 862 (23 July 2021)

The court found that the respondents did not file a materially compliant appeal record as required by rule 49(7)(a). The documents submitted were not properly indexed or paginated, and did not meet the standards for an appeal record. The respondents did not seek condonation for non-compliance with the record, limiting their application to late delivery of heads of argument and practice note. The court held that, in the absence of a compliant record and a condonation application for the record, the applicant was entitled to an order declaring that the application for a date for the hearing of the appeal, and accordingly the appeal itself, had lapsed in terms of rule 49(7)(d). The...

Citation
[2021] ZAGPJHC 862
Parties
Applicant: Genesis One Lighting (Pty) Limited; Respondent: Bradley Lloyd Jamieson; Respondent: Steamlight FX (Pty) Limited; Respondent: Iron Ice (Pty) Limited; Respondent: Rodney Gerson Fittinghoff; Respondent: Brad Anthony Kalish; Respondent: Robert Larry Kalish; Respondent: Jason Rivkind
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 July 2021
Case Number
3212/2019
Procedural Posture
Civil Appeal / Application to Declare Appeal Lapsed and Counter Application for Condonation
Outcome
The application declaring the appeal lapsed is granted. The respondents' counter-application is dismissed. Costs are awarded to the applicant.
Judges
Gilbert AJ
Legal Topics
Uniform Rule 49, Appeal Lapsing, Condonation, Appeal Record Compliance
Civil Procedure Uniform Rule 49 Appeal Lapsing Condonation Appeal Record Compliance

Case Brief

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Parties

Genesis One Lighting (Pty) Limited

Applicant

Bradley Lloyd Jamieson

Respondent

Steamlight FX (Pty) Limited

Respondent

Iron Ice (Pty) Limited

Respondent

Rodney Gerson Fittinghoff

Respondent

Brad Anthony Kalish

Respondent

Robert Larry Kalish

Respondent

Jason Rivkind

Respondent

Procedural Posture

Civil Appeal / Application to Declare Appeal Lapsed and Counter Application for Condonation

Legal Issues

  1. 1 Whether the respondents filed and furnished a materially compliant appeal record as required by rule 49(7)(a).
  2. 2 Whether the respondents' appeal has lapsed due to non-compliance with rule 49(7)(a).
  3. 3 Whether the respondents are entitled to condonation for late delivery of heads of argument and practice note.

Ratio Decidendi

The court found that the respondents did not file a materially compliant appeal record as required by rule 49(7)(a). The documents submitted were not properly indexed or paginated, and did not meet the standards for an appeal record. The respondents did not seek condonation for non-compliance with the record, limiting their application to late delivery of heads of argument and practice note. The court held that, in the absence of a compliant record and a condonation application for the record, the applicant was entitled to an order declaring that the application for a date for the hearing of the appeal, and accordingly the appeal itself, had lapsed in terms of rule 49(7)(d). The...

Court Disposition

The application declaring the appeal lapsed is granted. The respondents' counter-application is dismissed. Costs are awarded to the applicant.

Orders

  • The first to seventh respondents' application for a date for the hearing of the appeal, and accordingly the appeal, has lapsed.
  • The first to seventh respondents, jointly and severally, are to pay the applicant's costs for the application dated 29 June 2020.