Huntrex 302 (Pty) Ltd and Others v Investec Bank Ltd and Others (D3036/2021) [2021] ZAKZDHC 37 (17 August 2021)

Huntrex 302 (Pty) Ltd and Others v Investec Bank Ltd and Others (D3036/2021) [2021] ZAKZDHC 37 (17 August 2021)

The court found that the applicants failed to demonstrate reasonable prospects of success in their proposed appeal. There were no compelling reasons presented that would justify granting leave to appeal. Accordingly, the application for leave to appeal was dismissed. The court further ordered that costs be awarded...

Source-derived case information.

Citation
[2021] ZAKZDHC 37
Parties
Applicant: Huntrex 302 (Pty) Ltd; Applicant: Personify Investments (Pty) Ltd; Applicant: Misty Blue Investments (Pty) Ltd; Respondent: Investec Bank Ltd; Respondent: The Sheriff of the High Court, Inanda Area 2; Respondent: The Sheriff of the High Court, Durban Coastal; Respondent: Ian Wyles Auctioneers
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
17 August 2021
Case Number
D3036/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs, including costs occasioned by the employment of senior counsel.
Judges
Ploos van Amstel
Legal Topics
Leave to Appeal, Prospects of Success, Costs Award
Civil Procedure Leave to Appeal Prospects of Success Costs Award

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Summary, issues, holding and outcome

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Parties

Huntrex 302 (Pty) Ltd

Applicant

Personify Investments (Pty) Ltd

Applicant

Misty Blue Investments (Pty) Ltd

Applicant

Investec Bank Ltd

Respondent

The Sheriff of the High Court, Inanda Area 2

Respondent

The Sheriff of the High Court, Durban Coastal

Respondent

Ian Wyles Auctioneers

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the previous judgment.
  2. 2 Whether the appeal would have reasonable prospects of success.
  3. 3 Whether there are compelling reasons for the appeal to be heard.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success in their proposed appeal. There were no compelling reasons presented that would justify granting leave to appeal. Accordingly, the application for leave to appeal was dismissed. The court further ordered that costs be awarded against the applicants, including those occasioned by the employment of senior counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including costs occasioned by the employment of senior counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application, including those occasioned by the employment of senior counsel.