Le Roux Van Wyk v Van der Merwe (1298/2011) [2011] ZAWCHC 309 (19 April 2011)

Le Roux Van Wyk v Van der Merwe (1298/2011) [2011] ZAWCHC 309 (19 April 2011)

The court found that there was no reasonable prospect that another court would reach a different conclusion on the factual finding regarding the identity of the contracting party. The applicant's belief that he contracted personally with the respondent was not supported by the evidence, and the respondent's defence that the contract was with a close corporation was accepted. Sympathy for the applicant's situation does not alter the legal test for granting leave to appeal. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2011] ZAWCHC 309
Parties
Applicant: D Le Roux Van Wyk; Respondent: B Van der Merwe
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 April 2011
Case Number
1298/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
NC Erasmus
Legal Topics
Leave to Appeal, Contractual Dispute, Factual Finding
Civil Procedure Leave to Appeal Contractual Dispute Factual Finding

Case Brief

Summary, issues, holding and outcome

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Parties

D Le Roux Van Wyk

Applicant

B Van der Merwe

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion on the factual findings made by the court.
  2. 2 Whether leave to appeal should be granted in light of the applicant's belief regarding the contractual party.

Ratio Decidendi

The court found that there was no reasonable prospect that another court would reach a different conclusion on the factual finding regarding the identity of the contracting party. The applicant's belief that he contracted personally with the respondent was not supported by the evidence, and the respondent's defence that the contract was with a close corporation was accepted. Sympathy for the applicant's situation does not alter the legal test for granting leave to appeal. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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