Heukelman and Others v Heukelman N.O. and Another (6751/2010) [2015] ZAGPPHC 155 (11 March 2015)

Heukelman and Others v Heukelman N.O. and Another (6751/2010) [2015] ZAGPPHC 155 (11 March 2015)

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.

Citation
[2015] ZAGPPHC 155
Parties
Applicant: Herman Heukelman; Applicant: Jan Heukelman; Applicant: Anna Elizabeth Prinsloo (born Heukelman); Respondent: Frits Heukelman N.O.; Respondent: Frits Heukelman
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 March 2015
Case Number
6751/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Review Application
Outcome
Leave to appeal granted to the Full Bench of the Division on both the dismissal of the review application and the costs order.
Judges
E Bertelsmann
Legal Topics
Leave to Appeal, Taxing Master Review, Costs Award
Civil Procedure Leave to Appeal Taxing Master Review Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Herman Heukelman

Applicant

Jan Heukelman

Applicant

Anna Elizabeth Prinsloo (born Heukelman)

Applicant

Frits Heukelman N.O.

Respondent

Frits Heukelman

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Review Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the dismissal of the application for review of the Taxing Master's taxation.
  2. 2 Whether leave to appeal should be granted against the order awarding costs of the review.
  3. 3 Whether the appeal should be to the Full Bench of the Division.

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.

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.