IFJ Properties (Pty) Ltd v Brown and Others (32592/2013) [2015] ZAGPPHC 755 (31 August 2015)

IFJ Properties (Pty) Ltd v Brown and Others (32592/2013) [2015] ZAGPPHC 755 (31 August 2015)

The court found that the applicant provided a reasonable and acceptable explanation for the delay in filing the supplementary affidavit, namely the unavailability of senior counsel due to other professional commitments. The court noted that the Sixth and Seventh Respondents themselves were substantially late in filing the record, and that no prejudice was alleged or suffered by any respondent as a result of the applicant's delay. Although the applicant did not explicitly address prospects of success in the condonation application, the supplementary affidavit in the court file demonstrated prima facie merit and reasonable prospects of success. The court held that both attorneys were at...

Citation
[2015] ZAGPPHC 755
Parties
Applicant: IFJ Properties (Pty) Ltd; Respondent: Geoffrey Allen Brown; Respondent: Yvonne Wilhelmina Brown; Respondent: Andre Radyn; Respondent: Michelle Leigh Radyn; Respondent: Vygeboom County Estates Homeowners Association; Respondent: Albert Luthuli Local Municipality; Respondent: The Appointed Building Control Officer of the Albert Luthuli Local Municipality; Respondent: The Review Board instituted in terms of section 9 of the National Building Regulations and Building Standards Act, 103 of 1977
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 August 2015
Case Number
32592/2013
Procedural Posture
Review Application / Application for Condonation for Late Filing of Supplementary Affidavit in Review Proceedings
Outcome
Condonation granted for the late filing of the applicant's supplementary affidavit. Costs apportioned between the parties as specified.
Judges
A.J. Louw
Legal Topics
Condonation, Rule 53, Supplementary Affidavit, Reasonable Explanation for Delay, Prospects of Success
Civil Procedure Administrative Law Condonation Rule 53 Supplementary Affidavit Reasonable Explanation for Delay Prospects of Success

Case Brief

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Parties

IFJ Properties (Pty) Ltd

Applicant

Geoffrey Allen Brown

Respondent

Yvonne Wilhelmina Brown

Respondent

Andre Radyn

Respondent

Michelle Leigh Radyn

Respondent

Vygeboom County Estates Homeowners Association

Respondent

Albert Luthuli Local Municipality

Respondent

The Appointed Building Control Officer of the Albert Luthuli Local Municipality

Respondent

The Review Board instituted in terms of section 9 of the National Building Regulations and Building Standards Act, 103 of 1977

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Supplementary Affidavit in Review Proceedings

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the applicant's supplementary affidavit in terms of Rule 53(4).
  2. 2 Whether the explanation for the delay is reasonable and constitutes good cause.
  3. 3 Whether the applicant has reasonable prospects of success in the review application.

Ratio Decidendi

The court found that the applicant provided a reasonable and acceptable explanation for the delay in filing the supplementary affidavit, namely the unavailability of senior counsel due to other professional commitments. The court noted that the Sixth and Seventh Respondents themselves were substantially late in filing the record, and that no prejudice was alleged or suffered by any respondent as a result of the applicant's delay. Although the applicant did not explicitly address prospects of success in the condonation application, the supplementary affidavit in the court file demonstrated prima facie merit and reasonable prospects of success. The court held that both attorneys were at...

Court Disposition

Condonation granted for the late filing of the applicant's supplementary affidavit. Costs apportioned between the parties as specified.

Orders

  • Condonation is granted to the applicant for the late filing of the applicant's supplementary affidavit in terms of Rule 53(4).
  • The period within which the applicant may have filed the supplementary affidavit is extended up to and including 30 May 2014.