Kader v Swartz and Another (2015/08456) [2020] ZAGPJHC 262 (19 October 2020)

Kader v Swartz and Another (2015/08456) [2020] ZAGPJHC 262 (19 October 2020)

The court found that the First Respondent failed to meet the raised threshold for leave to appeal under section 17(1)(a) of the Superior Courts Act. The judge was not convinced that another court would come to a different conclusion than the one reached in the original judgment. The application for leave to appeal was therefore dismissed with costs.

Citation
[2020] ZAGPJHC 262
Parties
Applicant: Heidi Joy Kader; Respondent: Mervyn Israel Swartz N.O.; Respondent: Stuart Wayne Kader
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2020
Case Number
2015/08456
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Foulkes-Jones
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Superior Courts Act, Costs Award
Civil Procedure Leave to Appeal Reasonable Prospect of Success Superior Courts Act Costs Award

Case Brief

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Parties

Heidi Joy Kader

Applicant

Mervyn Israel Swartz N.O.

Respondent

Stuart Wayne Kader

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether the First Respondent should be granted leave to appeal against the judgment handed down in December 2019.
  2. 2 Whether the appeal has a reasonable prospect of success as required by section 17(1)(a) of the Superior Courts Act.

Ratio Decidendi

The court found that the First Respondent failed to meet the raised threshold for leave to appeal under section 17(1)(a) of the Superior Courts Act. The judge was not convinced that another court would come to a different conclusion than the one reached in the original judgment. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.