Holdsworth and Others v Reunert Limited (16558/2013) [2014] ZAGPPHC 744 (3 September 2014)

Holdsworth and Others v Reunert Limited (16558/2013) [2014] ZAGPPHC 744 (3 September 2014)

The court, having considered the application for leave to appeal, the submissions of the parties, and the relevant legal principles, finds that there is a reasonable prospect that another court may reach a different conclusion regarding the refusal of condonation. Accordingly, leave to appeal is granted to the full bench of the division. Costs of the application are ordered to be costs in the appeal.

Citation
[2014] ZAGPPHC 744
Parties
Applicant: John Charles Holdsworth; Applicant: Rael Ian Cline; Applicant: Mohammed Rangila; Applicant: Opeyemi Oluwaseun Oni; Applicant: Brian Richard Johnson; Applicant: Darryn Francesco; Applicant: Jarryd Jermaine Chengalroyen; Applicant: Thiresh Moodley; Applicant: Donovan Gilyan Francesco; Applicant: Victor Neiman; Applicant: Damjam Jovanovic; Applicant: Louis Grobler; Respondent: Reunert Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 September 2014
Case Number
16558/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Condonation
Outcome
Leave to appeal granted to the full bench of the division. Costs to be costs in the appeal.
Judges
A.M.L. Phatudi
Legal Topics
Leave to Appeal, Condonation, Costs in the Appeal
Civil Procedure Leave to Appeal Condonation Costs in the Appeal

Case Brief

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Parties

John Charles Holdsworth

Applicant

Rael Ian Cline

Applicant

Mohammed Rangila

Applicant

Opeyemi Oluwaseun Oni

Applicant

Brian Richard Johnson

Applicant

Darryn Francesco

Applicant

Jarryd Jermaine Chengalroyen

Applicant

Thiresh Moodley

Applicant

Donovan Gilyan Francesco

Applicant

Victor Neiman

Applicant

Damjam Jovanovic

Applicant

Louis Grobler

Applicant

Reunert Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Refusal of Condonation

Legal Issues

  1. 1 Whether leave to appeal should be granted against the refusal of the condonation application.
  2. 2 Whether another court may reasonably come to a different conclusion on the condonation issue.

Ratio Decidendi

The court, having considered the application for leave to appeal, the submissions of the parties, and the relevant legal principles, finds that there is a reasonable prospect that another court may reach a different conclusion regarding the refusal of condonation. Accordingly, leave to appeal is granted to the full bench of the division. Costs of the application are ordered to be costs in the appeal.

Court Disposition

Leave to appeal granted to the full bench of the division. Costs to be costs in the appeal.

Orders

  • Leave to appeal is granted to the full bench of this division.
  • Costs of this application shall be costs in the appeal.