Lest v Lindsay and Wendy Baron Fam Family Trust (12280/06) [2010] ZAWCHC 336 (26 October 2010)

Lest v Lindsay and Wendy Baron Fam Family Trust (12280/06) [2010] ZAWCHC 336 (26 October 2010)

The court, after considering the grounds of appeal and arguments presented, finds that although the summary judgment may have been correct, there exists a reasonable prospect that another court could reach a different conclusion. Therefore, leave to appeal is granted to the full bench of the division.

Citation
[2010] ZAWCHC 336
Parties
Applicant: Van Per Lest; Respondent: Lindsay and Wendy Baron Family Trust
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
26 October 2010
Case Number
12280/06
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Summary Judgment
Outcome
Leave to appeal against the whole of the judgment is granted to the full bench of this division.
Judges
Griesel
Legal Topics
Leave to Appeal, Summary Judgment, Prospects of Success
Civil Procedure Leave to Appeal Summary Judgment Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Van Per Lest

Applicant

Lindsay and Wendy Baron Family Trust

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Summary Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the summary judgment.
  2. 2 Whether there is a reasonable prospect that another court might reach a different conclusion.

Ratio Decidendi

The court, after considering the grounds of appeal and arguments presented, finds that although the summary judgment may have been correct, there exists a reasonable prospect that another court could reach a different conclusion. Therefore, leave to appeal is granted to the full bench of the division.

Court Disposition

Leave to appeal against the whole of the judgment is granted to the full bench of this division.

Orders

  • Leave to appeal is granted to the full bench of the Western Cape High Court, Cape Town.
  • The costs of the application for leave to appeal will be costs in the appeal.