Mooikloof Estates (Pty) Ltd v Der Walt and Another (26933/2014) [2015] ZAGPPHC 1061 (4 September 2015)
The court found that, after considering the arguments and the reasons set out in the application for leave to appeal, there is a possibility that another court may reach a different conclusion on the facts before the court. Accordingly, leave to appeal was granted to the Full Bench of the High Court, Gauteng...
Source-derived case information.
- Citation
- [2015] ZAGPPHC 1061
- Parties
- Applicant: Mooikloof Estates (Pty) Ltd; Respondent: O J van der Walt; Respondent: Mithro Construction Management CC
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 26933/2014
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal granted to the Full Bench of the High Court, Gauteng Division, Pretoria. Costs of the application for leave to appeal will be costs in the appeal.
- Judges
- C Pretorius
- Legal Topics
- Leave to Appeal, Costs in the Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mooikloof Estates (Pty) Ltd
Applicant
O J van der Walt
Respondent
Mithro Construction Management CC
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
- 2 Whether the costs of the application for leave to appeal should be costs in the appeal.
Ratio Decidendi
The court found that, after considering the arguments and the reasons set out in the application for leave to appeal, there is a possibility that another court may reach a different conclusion on the facts before the court. Accordingly, leave to appeal was granted to the Full Bench of the High Court, Gauteng Division, Pretoria. The costs of the application for leave to appeal were ordered to be costs in the appeal.
Court Disposition
Leave to appeal granted to the Full Bench of the High Court, Gauteng Division, Pretoria. Costs of the application for leave to appeal will be costs in the appeal.
Orders
- Leave to appeal is granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
- Costs of the application for leave to appeal will be costs in the appeal.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case number: 26933/2014
Date: 4 September 2015
In the matter between:
MOOIKLOOF ESTATES (PTY) LTD..............................................................................APPLICANT
And
O J VAN DER WALT..............................................................................................1ST RESPONDENT
MITHRO CONSTRUCTION MANAGEMENT CC.........................................2ND RESPONDENT
JUDGMENT
(APPLICATION FOR LEAVE TO APPEAL)
PRETORIUS J.
[1] After hearing counsel’s argument and considering the reasons set out in the application for leave to appeal I am of the opinion that it is possible that another court may reach a different conclusion on the facts before the court.
[2] Therefor I make the following order:
1. Leave to appeal is granted to the Full Bench of the High Court, Gauteng Division, Pretoria.
2. Costs of the application for leave to appeal will be costs in the appeal.
Judge C Pretorius
Application for leave to appeal
heard on : 26 August 2015
For the Applicant : Adv. GC Pretorius SC
Instructed by : Hendrik Malan Prokureurs
For the Respondent : Adv. P Ellis SC
Instructed by : Weavind & Weavind Attorneys
Date of Judgment : 4 September 2015