Lascad Technology (Pty) Limited v ABSA Bank Limited (2018/40614) [2022] ZAGPJHC 90 (21 February 2022)

Lascad Technology (Pty) Limited v ABSA Bank Limited (2018/40614) [2022] ZAGPJHC 90 (21 February 2022)

The court held that the respondent was permitted to revive an abandoned legal contention in its application for leave to appeal, but the contention lacked merit. The applicant's founding affidavit sufficiently set out the cause of action and established that all suspensive conditions had been fulfilled or could have been waived at the applicant's discretion. The respondent's argument was found to be opportunistic and unsupported by the facts, as the evidence in the replying affidavit demonstrated fulfilment of all conditions. The threshold for granting leave to appeal under section 17(1) of the Superior Courts Act was not met, as there was no reasonable prospect that another court would...

Citation
[2022] ZAGPJHC 90
Parties
Applicant: Lascad Technology (Pty) Limited; Respondent: ABSA Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 February 2022
Case Number
2018/40614
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Costs Order Granted to Applicant
Outcome
Application for leave to appeal dismissed with costs on the attorney-client scale.
Judges
P V Ternent
Legal Topics
Leave to Appeal, Suretyship, Suspensive Conditions, Motion Proceedings, Attorney Client Costs
Civil Procedure Commercial and Corporate Leave to Appeal Suretyship Suspensive Conditions Motion Proceedings Attorney Client Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Lascad Technology (Pty) Limited

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Costs Order Granted to Applicant

Legal Issues

  1. 1 Whether the respondent may revive an abandoned legal contention in an application for leave to appeal.
  2. 2 Whether the applicant failed to make out a cause of action by not averring fulfilment of all suspensive conditions in the founding affidavit.
  3. 3 Whether the application for leave to appeal meets the threshold under section 17(1) of the Superior Courts Act.

Ratio Decidendi

The court held that the respondent was permitted to revive an abandoned legal contention in its application for leave to appeal, but the contention lacked merit. The applicant's founding affidavit sufficiently set out the cause of action and established that all suspensive conditions had been fulfilled or could have been waived at the applicant's discretion. The respondent's argument was found to be opportunistic and unsupported by the facts, as the evidence in the replying affidavit demonstrated fulfilment of all conditions. The threshold for granting leave to appeal under section 17(1) of the Superior Courts Act was not met, as there was no reasonable prospect that another court would...

Court Disposition

Application for leave to appeal dismissed with costs on the attorney-client scale.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the respondent on the attorney-client scale as provided for in clause 15 of the suretyship agreement.