Heukelman and Others v Heukelman N.O. and Another (6751/2010) [2015] ZAGPPHC 155 (11 March 2015)
- Citation
- [2015] ZAGPPHC 155
- Status
- Order
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- E Bertelsmann
- Case number
- 6751/2010
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- E Bertelsmann
- Case number
- 6751/2010
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court, after considering the arguments and authorities cited by both parties, determined that there are reasonable prospects that another court may reach a different conclusion regarding the review of the Taxing Master's taxation and the costs order. The issues raised are sufficiently important to merit consideration by the Full Bench. Accordingly, leave to appeal is granted on both the dismissal of the review application and the costs order, with costs of the application for leave to appeal to be costs in the appeal.
Court disposition
Leave to appeal granted to the Full Bench of the Division on both the dismissal of the review application and the costs order.
Orders
- Leave to appeal against the judgment dismissing the application for review of the Taxing Master's taxation is granted.
- Leave to appeal against the subsequent order awarding costs of the review is granted.
- Leave is granted to appeal to the Full Bench of this Division.
- The costs of the application for leave to appeal will be costs in the appeal.
02
Material facts
Parties
Herman Heukelman
ApplicantJan Heukelman
ApplicantAnna Elizabeth Prinsloo (born Heukelman)
ApplicantFrits Heukelman N.O.
RespondentFrits Heukelman
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Review Application
04
Questions and positions
Legal issues
- 01
Whether leave to appeal should be granted against the dismissal of the application for review of the Taxing Master's taxation.
- 02
Whether leave to appeal should be granted against the order awarding costs of the review.
- 03
Whether the appeal should be to the Full Bench of the Division.
Party arguments
- Applicant
- The applicants argued that the Court erred in dismissing their application for review of the Taxing Master's taxation and in awarding costs against them. They submitted that there are reasonable prospects of success on appeal and that the issues raised are of sufficient importance to warrant consideration by the Full Bench.
- Respondent
- The respondents contended that the judgment and order were correct, that the applicants have not demonstrated reasonable prospects of success, and that no compelling reasons exist for leave to appeal to be granted.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act 10 of 2013
Leave to appeal should be granted where there are reasonable prospects that another court may come to a different conclusion.
- 02
Kruger v Minister of Police 2014 (1) SACR 647 (SCA)
The review of the Taxing Master's decision is governed by established principles requiring demonstration of irregularity or error.
06
Ratio, limits and disposition
Ratio decidendi
The Court, after considering the arguments and authorities cited by both parties, determined that there are reasonable prospects that another court may reach a different conclusion regarding the review of the Taxing Master's taxation and the costs order. The issues raised are sufficiently important to merit consideration by the Full Bench. Accordingly, leave to appeal is granted on both the dismissal of the review application and the costs order, with costs of the application for leave to appeal to be costs in the appeal.
Obiter and limits
- The delay in delivering this order is regretted but was necessitated by the need for thorough consideration of the parties' submissions and authorities.
Court disposition
Leave to appeal granted to the Full Bench of the Division on both the dismissal of the review application and the costs order.
- Leave to appeal against the judgment dismissing the application for review of the Taxing Master's taxation is granted.
- Leave to appeal against the subsequent order awarding costs of the review is granted.
- Leave is granted to appeal to the Full Bench of this Division.
- The costs of the application for leave to appeal will be costs in the appeal.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Order
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG NORTH DIVISION, PRETORIA
Case No.: 6751/2010
Date: 11 March 2015
Not reportable
Not of interest to other judges
In the matter between:
HERMAN HEUKELMAN.....................................................................................First Applikant
JAN HEUKELMAN............................................................................................Second Applikant
ANNA ELIZABETH PRINSLOO........................................................................Third Applicant
(born Heukelman)
and
FRITS HEUKELMAN N.O. …..........................................................................First Respondent
FRITS HEUKELMAN....................................................................................Second Respondent
JUDGMENT ON
APPLICATION FOR LEAVE TO APPEAL
1. After having heard argument on the application for leave to appeal against this Court’s judgment and order dismissing the applicants’ application for a review of the Taxing Master’s taxation and the consequent order granting the applicants their costs of the review, the Court had to take some time to reread the papers and study the parties’ submissions and references to authorities.
2. This process has resulted in a delay which, although foreseen by the Court at the hearing of the application already, is regretted.
3. After having given serious thought to the matter the Court has come to the conclusion that the following order must be made:
1. Leave to appeal against the Court’s judgment dismissing the application for a review of the Taxing Master’s taxation is granted;
2. Leave to appeal against the subsequent order awarding costs of the review is granted;
3. Leave is granted to appeal to the Full Bench of this Division;
4. The costs of the application for leave to appeal will be costs in the appeal.
Signed at Pretoria on this 11th day of March 2015.
E BERTELSMANN
Judge of the High Court.
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