Legal Practice Council Gauteng Office v Donaldson (leave to appeal) (15295/2020) [2021] ZAGPJHC 901 (28 July 2021)
Condonation for the late filing of the application for leave to appeal was granted as there was no opposition and no prejudice to the respondent. However, the court found that there was no reasonable prospect that another court would reach a different conclusion and no other compelling reason to grant leave to...
Source-derived case information.
- Citation
- [2021] ZAGPJHC 901
- Parties
- Applicant: Legal Practice Council Gauteng Office; Respondent: Quentin Donaldson
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 15295/2020
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Expiry of Time Limit; Condonation Sought
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Lamont, Meyer, Harrison
- Legal Topics
- Leave to Appeal, Condonation, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Legal Practice Council Gauteng Office
Applicant
Quentin Donaldson
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Expiry of Time Limit; Condonation Sought
Legal Issues
- 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
- 2 Whether there are reasonable prospects that another court would reach a different conclusion.
- 3 Whether there are compelling reasons to grant leave to appeal.
Ratio Decidendi
Condonation for the late filing of the application for leave to appeal was granted as there was no opposition and no prejudice to the respondent. However, the court found that there was no reasonable prospect that another court would reach a different conclusion and no other compelling reason to grant leave to appeal. Accordingly, the application for leave to appeal was dismissed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- Condonation for the late filing of the application for leave to appeal is granted.
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG LOCAL DIVISION, JOHANNESBURG)
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
REVISED
DATE: 27 JULY 2021
Case Number: 15295/2020
In the matter between:
LEGAL PRACTICE COUNCIL
APPLICANT
GAUTENG OFFICE
And
QUENTIN DONALDSON
RESPONDENT
JUDGMENT
LAMONT, J and MEYER. J and HARRISON AJ CONCURRING.
1. This is an application for leave to appeal. The application for leave to appeal was brought after the expiry of the time limit and there is an application for condonation for the failure to bring the application in time.
The application for condonation is granted, there being no opposition and no prejudice to the respondent.
There is no reasonable prospect of another court coming to a different conclusion than this court did and no other compelling reason to grant leave to appeal. For these reasons the application for leave to appeal is dismissed.
HEARD ON:
27 July 2021
JUDGMENT DELIVERED ON: 28 July 2021
APPEARANCES:
COUNSEL FOR THE APPLICANTS: Advocate Liam Groome
INSTRUCTED BY: