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South Africa Order

North Gauteng High Court, Pretoria

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

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Research organized from the available case record

Source document

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

Applicant

Jan Heukelman

Applicant

Anna Elizabeth Prinsloo (born Heukelman)

Applicant

Frits Heukelman N.O.

Respondent

Frits Heukelman

Respondent

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Order

[2015] ZAGPPHC 155

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.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Kruger v Minister of Police 2014 (1) SACR 647 (SCA)

Case cited

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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