National Credit Regulator v Nedbank Limited and Others (19638/2008) [2010] ZAGPPHC 53 (7 July 2010)
The court found that the question raised by prayer 1.13 of the notice of motion is both novel and of considerable importance. Given these circumstances, the court held that the matter merits the attention of the Supreme Court of Appeal and that there is a reasonable possibility that the appellate court may reach a...
Source-derived case information.
- Citation
- [2010] ZAGPPHC 53
- Parties
- Applicant: The National Credit Regulator; Respondent: Nedbank Limited; Respondent: Firstrand Bank Limited; Respondent: Standard Bank of South Africa Limited; Respondent: ABSA Bank Limited; Respondent: The Credit Providers' Association; Respondent: The Furniture Traders Association; Respondent: Retail Motor Industry Association; Respondent: The Minister of Justice and Constitutional Development; Respondent: The Minister of Trade and Industry; Respondent: The Debt Counsellors Association of South Africa; Respondent: Onecor (Pty) Ltd; Respondent: Joahn Erik Juselius
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 19638/2008
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Refusal of Order in Terms of Prayer 1.13
- Outcome
- Leave to appeal granted to the Supreme Court of Appeal against the refusal to grant an order in terms of prayer 1.13 of the notice of motion.
- Judges
- B.R. du Plessis
- Legal Topics
- Leave to Appeal, Notice of Motion, Costs Reservation
Source-derived case record
Summary, issues, holding and outcome
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Parties
The National Credit Regulator
Applicant
Nedbank Limited
Respondent
Firstrand Bank Limited
Respondent
Standard Bank of South Africa Limited
Respondent
ABSA Bank Limited
Respondent
The Credit Providers' Association
Respondent
The Furniture Traders Association
Respondent
Retail Motor Industry Association
Respondent
The Minister of Justice and Constitutional Development
Respondent
The Minister of Trade and Industry
Respondent
The Debt Counsellors Association of South Africa
Respondent
Onecor (Pty) Ltd
Respondent
Joahn Erik Juselius
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Order in Terms of Prayer 1.13
Legal Issues
- 1 Whether leave to appeal should be granted against the refusal to grant an order in terms of prayer 1.13 of the notice of motion.
- 2 Whether the matter is of sufficient importance and novelty to merit the attention of the Supreme Court of Appeal.
Ratio Decidendi
The court found that the question raised by prayer 1.13 of the notice of motion is both novel and of considerable importance. Given these circumstances, the court held that the matter merits the attention of the Supreme Court of Appeal and that there is a reasonable possibility that the appellate court may reach a different conclusion regarding the order sought. Accordingly, leave to appeal was granted.
Court Disposition
Leave to appeal granted to the Supreme Court of Appeal against the refusal to grant an order in terms of prayer 1.13 of the notice of motion.
Orders
- The applicant is granted leave to appeal to the Supreme Court of Appeal against this court's refusal to grant an order in terms of prayer 1.13 of the notice of motion.
- The costs of this application are reserved for determination by the Supreme Court of Appeal.
Full Case Text
Judgment text and source record
65 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH GAUTENG, PRETORIA)
Case No: 19638/2008
Date heard: 07/07/2010
Date of judgment: 07/07/2010
In the matter between:
THE NATIONAL CREDIT REGULATOR Applicant
and
NEDBANK LIMITED First Respondent
FIRSTRAND BANK LIMITED Second Respondent
STANDARD BANK OF SOUTH AFRICA LIMITED Third Respondent
ABSA BANK LIMITED Fourth Respondent
THE CREDIT PROVIDERS' ASSOCIATION Fifth Respondent
THE FURNITURE TRADERS ASSOCIATION Sixth Respondent
RETAIL MOTOR INDUSTRY ASSOCIATION Seventh
THE MINISTER OF JUSTICE AND
CONSTITUTIONAL DEVELOPMENT Eighth Respondent
THE MINISTER OF TRADE AND INDUSTRY Ninth Respondent
THE DEBT COUNSELLORS ASSOCIATION
OF SOUTH AFRICA Tenth Respondent
ONECOR (PTY) LTD Eleventh Respondent
JOAHN ERIK JUSELIUS Twelfth Respondent
JUDGMENT
DU PLESSIS J:
This is an application for leave to appeal against this court's refusal to grant an order in terms of prayer 1.13 of the notice of motion.
The question that this prayer raises is of considerable importance and novel. In the circumstances the matter in my view not only merits the attention of the Supreme Court of Appeal but that court may reasonably come to a conclusion that an order in those terms should have been granted.
The following order is made:
1. The applicant (The National Credit Regulator) is granted leave to appeal to the Supreme Court of Appeal against this court's refusal to grant an order in terms of prayer 1.13 of the notice of motion.
2. The costs of this application are reserved for determination by the Supreme Court of appeal.
B.R. du Plessis
Judge of the High Court
On behalf of the Applicant: Mothle Jooma Sabdia Inc.
1st Floor, West Wing
Duncan Manor
Cnr. Duncan & Brooks Street
BROOKLYN
PRETORIA
P.O. Box 11147 Hatfield 0028
On behalf of the First to Sixth
Respondents: Werksmans Inc.
C/O Edelstein Bosman
220 Lange Street
Nieuw Muckleneuck
On behalf of the
Second Respondents: Van Hulsteyns Attorneys
C/O Savage Jooste and Adams
141 Boshoff Street
Nieuw Mucklenuek
Fourth Respondent: Jay Motohbi Inc.
C/O Savage Jooste and Adams C/O Savage Jooste and Adams
On behalf of the Fifth and
Sixth Respondent: Routledge Modisa
C/O Adams & Adams
1140 Prospect Street Hatfield
Pretoria
On behalf of the Eighth and
Ninth Respondents: The State Attorney
8th Floor, Bothongo Heights 167 Andries Street
Eleventh Respondent: Coombe & Associates
Cnr. Watloo & Flamink Streets
Silverton
Twelfth Respondent: Booysens & CO Inc.
C/O Velile Tinto & Assoc. Inc Tinto House
Cnr. Hans Strijdom & Disselboom
Wapadrand