Hollard Insurance Company Limited v Hall [2008] ZAGPHC 442; 00/06/01 (8 September 2008)

Hollard Insurance Company Limited v Hall [2008] ZAGPHC 442; 00/06/01 (8 September 2008)

The court found that the matter is arguable and that there are reasonable prospects of success in an appeal. Given the applicant's request and the respondent's agreement regarding the appropriate forum, the court directed that the appeal be heard by the full court of the Division. The respondent did not concede the merits of granting leave to appeal, but only the forum in the event that leave was granted. The costs of the application for leave to appeal are to be costs in the appeal.

Citation
[2008] ZAGPHC 442
Parties
Applicant: The Hollard Insurance Company Limited; Respondent: J J Hall
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
8 September 2008
Case Number
6900/06
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Leave to appeal is granted; the appeal is directed to the full court of the Division; costs of the application for leave to appeal are costs in the appeal.
Judges
Willis
Legal Topics
Leave to Appeal, Prospects of Success, Forum Selection
Civil Procedure Leave to Appeal Prospects of Success Forum Selection

Case Brief

Summary, issues, holding and outcome

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Parties

The Hollard Insurance Company Limited

Applicant

J J Hall

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment delivered on 10 September 2007.
  2. 2 Whether the appeal should be directed to the full court of the Division or the Supreme Court of Appeal.
  3. 3 Whether the costs of the application for leave to appeal should be costs in the appeal.

Ratio Decidendi

The court found that the matter is arguable and that there are reasonable prospects of success in an appeal. Given the applicant's request and the respondent's agreement regarding the appropriate forum, the court directed that the appeal be heard by the full court of the Division. The respondent did not concede the merits of granting leave to appeal, but only the forum in the event that leave was granted. The costs of the application for leave to appeal are to be costs in the appeal.

Court Disposition

Leave to appeal is granted; the appeal is directed to the full court of the Division; costs of the application for leave to appeal are costs in the appeal.

Orders

  • Leave is granted to appeal against the judgment delivered on 10 September 2007.
  • The appeal is directed to the full court of this Division.