Jersey Advertising and Another v Nedbank (433/2016) [2024] ZAFSHC 165 (27 May 2024)

Jersey Advertising and Another v Nedbank (433/2016) [2024] ZAFSHC 165 (27 May 2024)

The court found that although the order granted by Khooe AJ is interim in nature, there is sufficient reason to depart from the Zweni principle. The orders granted did not correspond with the relief sought in the Notice of Motion, and some orders were not prayed for. This procedural irregularity justifies granting...

Source-derived case information.

Citation
[2024] ZAFSHC 165
Parties
Applicant: Jersey Advertising; Applicant: Helen Terry Rees; Respondent: Nedbank
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 May 2024
Case Number
433/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order of Khooe AJ Delivered on 18 November 2022.
Outcome
Leave to appeal is granted to the Full Bench of this Division; costs of the application will be costs in the appeal.
Judges
P E Molitsoane
Legal Topics
Leave to Appeal, Settlement Agreement, Specific Performance, Interim Order, Appealability
Civil Procedure Commercial and Corporate Leave to Appeal Settlement Agreement Specific Performance Interim Order Appealability

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Parties

Jersey Advertising

Applicant

Helen Terry Rees

Applicant

Nedbank

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order of Khooe AJ Delivered on 18 November 2022.

Legal Issues

  1. 1 Whether the order granted by Khooe AJ is appealable as an interim order.
  2. 2 Whether the orders granted correspond with the relief sought in the Notice of Motion.
  3. 3 Whether there are prospects of success on appeal regarding the interpretation and application of the settlement agreement.

Ratio Decidendi

The court found that although the order granted by Khooe AJ is interim in nature, there is sufficient reason to depart from the Zweni principle. The orders granted did not correspond with the relief sought in the Notice of Motion, and some orders were not prayed for. This procedural irregularity justifies granting leave to appeal. The respondents have made out a proper case and there are prospects of success on appeal, particularly regarding the interpretation and application of the settlement agreement and the nature of the orders granted.

Court Disposition

Leave to appeal is granted to the Full Bench of this Division; costs of the application will be costs in the appeal.

Orders

  • The applicant is granted leave to appeal the judgment and order granted herein to the Full Bench of this Division.
  • The costs of this application will be costs in the appeal.