H.B (Nee D.J) v R.J.B (Leave to Appeal) (21480/2014) [2024] ZAGPPHC 401 (2 April 2024)

H.B (Nee D.J) v R.J.B (Leave to Appeal) (21480/2014) [2024] ZAGPPHC 401 (2 April 2024)

After considering the papers, submissions, and applicable legal principles, the court finds that the applicant has demonstrated reasonable prospects that another court would reach a different conclusion from the judgment delivered on 15 November 2023. The threshold for granting leave to appeal, as set out in section 17 of the Superior Courts Act and interpreted by relevant case law, has been met. Accordingly, leave to appeal is granted to the Full Court of this Division, with costs to be costs in the appeal.

Citation
[2024] ZAGPPHC 401
Parties
Applicant: H[...] B[...] (Nee D[...] J[...]); Respondent: R[...] J[...] B[...]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 April 2024
Case Number
21480/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 15 November 2023.
Outcome
Leave to appeal is granted to the Full Court of this Division; costs to be costs in the appeal.
Judges
B Ceylon
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Superior Courts Act, Costs in Appeal
Civil Procedure Leave to Appeal Reasonable Prospects of Success Superior Courts Act Costs in Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

H[...] B[...] (Nee D[...] J[...])

Applicant

R[...] J[...] B[...]

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 15 November 2023.

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for granting leave to appeal under section 17 of the Superior Courts Act.
  3. 3 Whether the threshold for granting leave to appeal has been met.

Ratio Decidendi

After considering the papers, submissions, and applicable legal principles, the court finds that the applicant has demonstrated reasonable prospects that another court would reach a different conclusion from the judgment delivered on 15 November 2023. The threshold for granting leave to appeal, as set out in section 17 of the Superior Courts Act and interpreted by relevant case law, has been met. Accordingly, leave to appeal is granted to the Full Court of this Division, with costs to be costs in the appeal.

Court Disposition

Leave to appeal is granted to the Full Court of this Division; costs to be costs in the appeal.

Orders

  • Leave to appeal is granted to the Full Court of this Division.
  • Costs to be costs in the appeal.