J.E v C.E (Leave to Appeal) (42949/2013) [2019] ZAGPPHC 173 (21 May 2019)

J.E v C.E (Leave to Appeal) (42949/2013) [2019] ZAGPPHC 173 (21 May 2019)

The court found that the applicant had reasonable prospects of success on appeal and accordingly granted leave to appeal to the Full Court of the Division. Regarding the application in terms of section 18 of the Superior Courts Act, the applicant failed to allege or prove irreparable harm to herself if the order was not granted and failed to allege that the respondent would not suffer irreparable harm if the order was granted. This omission was fatal to the application, and in line with established precedent, the application in terms of section 18 was dismissed with costs.

Citation
[2019] ZAGPPHC 173
Parties
Applicant: J[….] E[….]; Respondent: C[….] E[….]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 May 2019
Case Number
42949/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Application in Terms of Section 18 of the Superior Courts Act
Outcome
Leave to appeal granted; application in terms of section 18 of the Superior Courts Act dismissed with costs.
Judges
AC Basson
Legal Topics
Leave to Appeal, Interim Orders, Mora Interest, Exceptional Circumstances, Irreparable Harm
Civil Procedure Leave to Appeal Interim Orders Mora Interest Exceptional Circumstances Irreparable Harm

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

J[….] E[….]

Applicant

C[….] E[….]

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Application in Terms of Section 18 of the Superior Courts Act

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and order handed down on 27 July 2018.
  2. 2 Whether the orders granted on 27 July 2018 are final in effect or interim and thus not suspended by an application for leave to appeal.
  3. 3 Whether the applicant has established exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act for the orders to be operational and executable pending appeal.

Ratio Decidendi

The court found that the applicant had reasonable prospects of success on appeal and accordingly granted leave to appeal to the Full Court of the Division. Regarding the application in terms of section 18 of the Superior Courts Act, the applicant failed to allege or prove irreparable harm to herself if the order was not granted and failed to allege that the respondent would not suffer irreparable harm if the order was granted. This omission was fatal to the application, and in line with established precedent, the application in terms of section 18 was dismissed with costs.

Court Disposition

Leave to appeal granted; application in terms of section 18 of the Superior Courts Act dismissed with costs.

Orders

  • The application for leave to appeal is granted to the Full Court of this Division.
  • Costs to be costs in the appeal.