Kampvuur Eindom Bk v Panos (21461/2005) [2010] ZAGPPHC 554 (12 February 2010)

Kampvuur Eindom Bk v Panos (21461/2005) [2010] ZAGPPHC 554 (12 February 2010)

The Court found that the applicant did not testify, leaving only the respondent's version on record. The factual findings were based on the respondent's evidence, which was accepted on credibility grounds. The Court held that another court would not interfere with these credibility findings or arrive at different factual conclusions. The application for leave to appeal was dismissed as there was no reasonable prospect that another court would come to a different decision.

Citation
[2010] ZAGPPHC 554
Parties
Respondent: Kampvuur Eindom BK; Applicant: Steven Panos
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 February 2010
Case Number
21461/2005
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
N.M. Mavundla
Legal Topics
Estate Agent Commission, Effective Cause, Written Mandate, Credibility Finding
Commercial and Corporate Civil Procedure Estate Agent Commission Effective Cause Written Mandate Credibility Finding

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kampvuur Eindom BK

Respondent

Steven Panos

Applicant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the respondent was the effective cause of the sale and entitled to commission.
  2. 2 Whether the terms of the written mandate excluded the respondent's entitlement to commission.
  3. 3 Whether factual findings based solely on the respondent's evidence should be disturbed on appeal.

Ratio Decidendi

The Court found that the applicant did not testify, leaving only the respondent's version on record. The factual findings were based on the respondent's evidence, which was accepted on credibility grounds. The Court held that another court would not interfere with these credibility findings or arrive at different factual conclusions. The application for leave to appeal was dismissed as there was no reasonable prospect that another court would come to a different decision.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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