Hunkydory Investments 194 (Pty) Ltd v Standard Bank of SA Limited (6408/2008) [2008] ZAWCHC 92 (9 December 2008)
The court found that, after considering the extensive arguments presented by the applicants, there are no reasonable prospects of success on appeal. The judge was not convinced that another court would reach a different conclusion, and therefore refused the application for leave to appeal.
- Citation
- [2008] ZAWCHC 92
- Parties
- Applicant: Hunkydory Investments 194 (Pty) Ltd; Applicant: Plus One Other; Respondent: The Standard Bank of S A Limited
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Judgment Date
- 9 December 2008
- Case Number
- 6408/2008
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal refused.
- Judges
- Steyn
- Legal Topics
- Leave to Appeal, Prospects of Success
Case Brief
Summary, issues, holding and outcome
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Parties
Hunkydory Investments 194 (Pty) Ltd
Applicant
Plus One Other
Applicant
The Standard Bank of S A Limited
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the defendants have reasonable prospects of success on appeal.
- 2 Whether another court may reach a different conclusion.
Ratio Decidendi
The court found that, after considering the extensive arguments presented by the applicants, there are no reasonable prospects of success on appeal. The judge was not convinced that another court would reach a different conclusion, and therefore refused the application for leave to appeal.
Court Disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
Full Case Text
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