Lewis NO and Others v Cooper and Another (20454/2008) [2008] ZAWCHC 313 (11 December 2008)

Lewis NO and Others v Cooper and Another (20454/2008) [2008] ZAWCHC 313 (11 December 2008)

The application was dismissed as incompetent on four principal grounds: (1) The relief sought, namely suspension of judgments pending a contemplated application to set aside interlocutory rulings, is not competent because the main relief itself is incompetent; interlocutory rulings are not final and not appealable. (2) The decision of a superior court judge is not susceptible to judicial review in South African law. (3) No proper grounds were set out in the founding affidavit to interfere with court orders that have final effect, as established by authority. (4) There is no procedural duty on a judge to advise a civil litigant of a non-existent right to review a judge's interlocutory...

Citation
[2008] ZAWCHC 313
Parties
Applicant: Justin Rory McKenzie Lewis N.O.; Applicant: Justin Rory McKenzie Lewis; Applicant: Robert William Semple; Applicant: Cornelia Lewis; Respondent: Peter Cooper; Respondent: Trustees for the time being of the Helderfontein Farming Trust
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
11 December 2008
Case Number
20454/2008
Procedural Posture
Urgent Application / Application for Suspension of Proceedings Pending Review
Outcome
Application dismissed with costs.
Judges
Gauntlett
Legal Topics
Interlocutory Orders, Review of Judicial Decisions, Abuse of Process, Postponement Applications
Civil Procedure Interlocutory Orders Review of Judicial Decisions Abuse of Process Postponement Applications

Case Brief

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Parties

Justin Rory McKenzie Lewis N.O.

Applicant

Justin Rory McKenzie Lewis

Applicant

Robert William Semple

Applicant

Cornelia Lewis

Applicant

Peter Cooper

Respondent

Trustees for the time being of the Helderfontein Farming Trust

Respondent

Procedural Posture

Urgent Application / Application for Suspension of Proceedings Pending Review

Legal Issues

  1. 1 Whether the applicant is entitled to suspension of judgments pending a contemplated application to set aside interlocutory rulings.
  2. 2 Whether interlocutory decisions of a superior court judge are susceptible to judicial review.
  3. 3 Whether there is a procedural right to review a judge's interlocutory ruling in civil proceedings.

Ratio Decidendi

The application was dismissed as incompetent on four principal grounds: (1) The relief sought, namely suspension of judgments pending a contemplated application to set aside interlocutory rulings, is not competent because the main relief itself is incompetent; interlocutory rulings are not final and not appealable. (2) The decision of a superior court judge is not susceptible to judicial review in South African law. (3) No proper grounds were set out in the founding affidavit to interfere with court orders that have final effect, as established by authority. (4) There is no procedural duty on a judge to advise a civil litigant of a non-existent right to review a judge's interlocutory...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.