Joint Stock Co & Vavarinskowye v ABSA Bank Ltd and Others (11778/06) [2007] ZAGPHC 387 (7 March 2007)
The court found that the matter was both important and difficult, and that there were reasonable prospects of success on appeal. Both parties agreed that the Supreme Court of Appeal was the appropriate forum for the appeal. Accordingly, leave to appeal was granted and the appeal was directed to the Supreme Court of...
Source-derived case information.
- Citation
- [2007] ZAGPHC 387
- Parties
- Applicant: Joint Stock Co & Vavarinskowye; Respondent: ABSA Bank Limited; Respondent: Van der Merwe L D; Respondent: Pon Lizel Margeiretha; Respondent: Van den Heever D W; Respondent: Nwa Moshamed Motalano; Respondent: Metallurgici Management (Pty) Ltd
- Court
- High Courts - Gauteng
- Jurisdiction
- South Africa
- Case Number
- 11778/06
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment
- Outcome
- Leave to appeal granted to the Supreme Court of Appeal; costs reserved for the appeal.
- Judges
- Willis
- Legal Topics
- Leave to Appeal, Prospects of Success, Forum Selection
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joint Stock Co & Vavarinskowye
Applicant
ABSA Bank Limited
Respondent
Van der Merwe L D
Respondent
Pon Lizel Margeiretha
Respondent
Van den Heever D W
Respondent
Nwa Moshamed Motalano
Respondent
Metallurgici Management (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Legal Issues
- 1 Whether there are reasonable prospects of success on appeal.
- 2 Whether leave to appeal should be granted to the Supreme Court of Appeal.
Ratio Decidendi
The court found that the matter was both important and difficult, and that there were reasonable prospects of success on appeal. Both parties agreed that the Supreme Court of Appeal was the appropriate forum for the appeal. Accordingly, leave to appeal was granted and the appeal was directed to the Supreme Court of Appeal. Costs of the application for leave to appeal were ordered to be costs in the appeal.
Court Disposition
Leave to appeal granted to the Supreme Court of Appeal; costs reserved for the appeal.
Orders
- Leave to appeal is granted.
- The appeal is directed to the Supreme Court of Appeal.
Full Case Text
Judgment text and source record
19 paragraphs
NOT REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION) JOHANNESBURG
CASE NO; 11778/06
DATE: 2007-03-07
In the matter between:
JOINT STOCK CO & VAVARINSKOWYE..................................................................Applicantand
ABSA BANK LIMITED......................................................................................First Respondent
VAN DER MERWE L D.............................................................................. Second Respondent
PON LIZEL MARGEIRETHA...........................................................................Third Respondent
VAN DEN HEEVER D W...............................................................................Fourth Respondent
NWA MOSHAMED MOTALANO..................................................................... Fifth Respondent
METALLURGICI MANAGEMENT (PTY) LTD.................................................Sixth Respondent
JUDGMENT
WILLIS, J: This is an application for leave to appeal against the judgment which I gave in this matter on 15 November 2006. I am satisfied that there is a reasonable prospect that another court could come to a different conclusion from my own and accordingly that there are reasonable prospects of success in an appeal.
As I indicated in my judgment the matter was not only important but a difficult one. Accordingly leave to appeal should be granted. Counsel for the applicant and the respondents both agreed that if leave to appeal were to be granted the appropriate forum would be the Supreme Court of Appeal. Counsel for the remaining respondents did not disagree. I agree that the appropriate forum for the hearing of the appeal would be the Supreme Court of Appeal. The fallowing is the order of court:
1. Leave to appeal is granted.
2. The appeal is directed to the Supreme Court of Appeal.
3. The costs in the application for leave to appeal are costs in the appeal.