Lanseria International Airport (Pty) Ltd v Imperial Bank (15860/2006) [2014] ZAGPPHC 15 (11 February 2014)
The court found that, despite the delay in prosecuting the application for leave to appeal, the interests of justice required that the matter be considered by the Full Bench. The judge was of the opinion that another court might reach a different conclusion on the facts and legal principles, and therefore leave to...
Source-derived case information.
- Citation
- [2014] ZAGPPHC 15
- Parties
- Applicant: Lanseria International Airport (Pty) Ltd; Respondent: Imperial Bank
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 15860/2006
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment
- Outcome
- Leave to appeal granted to the Full Bench of the Gauteng Division of the High Court; costs to be costs in the appeal.
- Judges
- Pretorius
- Legal Topics
- Leave to Appeal, Interest of Justice, Costs in the Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lanseria International Airport (Pty) Ltd
Applicant
Imperial Bank
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Legal Issues
- 1 Whether leave to appeal should be granted to the Full Bench of the Gauteng Division of the High Court.
- 2 Whether the delay in prosecuting the application for leave to appeal affects the interests of justice.
- 3 Whether costs should be awarded as costs in the appeal.
Ratio Decidendi
The court found that, despite the delay in prosecuting the application for leave to appeal, the interests of justice required that the matter be considered by the Full Bench. The judge was of the opinion that another court might reach a different conclusion on the facts and legal principles, and therefore leave to appeal should be granted. However, the court did not consider the matter to warrant the attention of the Supreme Court of Appeal. Costs of the application were ordered to be costs in the appeal.
Court Disposition
Leave to appeal granted to the Full Bench of the Gauteng Division of the High Court; costs to be costs in the appeal.
Orders
- Leave to appeal is granted to the Full Bench of the Gauteng Division of the High Court.
- Costs of this application to be costs in the appeal.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH GAUTENG HIGH COURT)
Case number: 15860/2006
Date: 11 February 2014
In the matter between:
LANSERIA INTERNATIONAL AIRPORT (PTY) LTD………………………….Applicant
And
IMPERIAL BANK………………………………………………………………Respondent
LEAVE TO APPEAL JUDGMENT
PRETORIUS J,
[1] The application for leave to appeal was launched on 29 January 2013. It is before this court on 6 February 2014, more than a year after it had been launched.
[2] Although the application for leave to appeal was served and filed on 29 January 2013 it was only brought to my attention during April 2013. The registrar tried to arrange a date for the hearing for leave to appeal, but due to the fact that I was on long leave during the second term and the unavailability of counsel during the third and fourth terms no suitable date to hear the appeal could be found.
[3] The respondent’s attorney enquired during October 2013 from the registrar as to a suitable date as the applicant had not pursued the matter. It was left to the attorneys to arrange a date and apparently according to counsel, none of the four counsel were available until today. Therefore the long delay. I do find that it is not in the interest of justice to have applications for leave to appeal pending for more than a year. There should have been more concerted effort by all parties involved to deal with this matter expeditiously.
[4] I have read the notice for leave to appeal, considered all the arguments and heads of argument by the applicant, as well as the facts of the matter.
[5] I am of the opinion that another court might reach a different conclusion.
[6] I do not think that the basis for the application for leave to appeal, that another court may apply the legal principles to the facts differently, warrants the attention of the Supreme Court of Appeal.
[7] The following order is made:
1. Leave to appeal is granted to the Full Bench of the Gauteng Division of the High Court;
2. Costs of this application to be costs in the appeal.
Judge Pretorius
Case number: 15860/2006
Heard on : 29 November 2012
For the Applicant / Plaintiff : JP Voster SC
: AM Heystek
Instructed by : Le Roux Vivier and Associates
For the Respondent : EF Dippenaar SC
: AC Botha
Instructed by: Bezuidenhout van Zyl & Associates INC.
Date of Judgment: 9 January 2013