Myburgh NO and Another v Standard Bank of South Africa Ltd (1429/2018; 1482/2018) [2018] ZAFSHC 191 (7 December 2018)

Myburgh NO and Another v Standard Bank of South Africa Ltd (1429/2018; 1482/2018) [2018] ZAFSHC 191 (7 December 2018)

The court found that the applicants' grounds for appeal lacked substance and did not meet the stringent threshold required for leave to appeal under section 17 of the Superior Courts Act. The arguments presented were essentially disagreements with the court's conclusions rather than substantive errors of law or fact. The court noted that the authority of Dudley Myburgh was never revoked, and the issues raised had been thoroughly addressed in the original judgment. No conflicting decisions were presented to justify granting leave to appeal. Accordingly, the applications for leave to appeal were dismissed as there were no reasonable prospects of success.

Citation
[2018] ZAFSHC 191
Parties
Applicant: Dudley Myburgh N.O.; Applicant: Nicolaas Jacobus Kriek N.O.; Respondent: Standard Bank of South Africa Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 December 2018
Case Number
1429/2018; 1482/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Outcome
Applications for leave to appeal dismissed with costs.
Judges
Mathebula
Legal Topics
Leave to Appeal Threshold, Sequestration, Companies Act Section 45, National Credit Act Section 123, Insolvency Act Section 12
Civil Procedure Banking and Finance Leave to Appeal Threshold Sequestration Companies Act Section 45 National Credit Act Section 123 Insolvency Act Section 12

Case Brief

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Parties

Dudley Myburgh N.O.

Applicant

Nicolaas Jacobus Kriek N.O.

Applicant

Standard Bank of South Africa Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success for leave to appeal.
  2. 2 Whether there was proof of compliance with section 45 of the Companies Act 71 of 2008.
  3. 3 Whether the suspensive condition in the loan agreements was fulfilled.

Ratio Decidendi

The court found that the applicants' grounds for appeal lacked substance and did not meet the stringent threshold required for leave to appeal under section 17 of the Superior Courts Act. The arguments presented were essentially disagreements with the court's conclusions rather than substantive errors of law or fact. The court noted that the authority of Dudley Myburgh was never revoked, and the issues raised had been thoroughly addressed in the original judgment. No conflicting decisions were presented to justify granting leave to appeal. Accordingly, the applications for leave to appeal were dismissed as there were no reasonable prospects of success.

Court Disposition

Applications for leave to appeal dismissed with costs.

Orders

  • The applications for leave to appeal are dismissed with costs.