Nieuwoudt v Stephanus (2014/24159) [2015] ZAGPJHC 94 (28 May 2015)

Nieuwoudt v Stephanus (2014/24159) [2015] ZAGPJHC 94 (28 May 2015)

The court found that, although it was not persuaded that its findings were the result of faulty reasoning, the applicant had raised novel issues regarding the admission of new evidence at the appeal stage. Given the interests of justice and the possibility that another court could reach a different conclusion, leave to appeal was granted to the Full Bench of the Gauteng Local Division of the High Court. Costs of the application were ordered to be costs in the appeal.

Citation
[2015] ZAGPJHC 94
Parties
Applicant: Dreyer and Nieuwoudt; Respondent: Martin Stephanus
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2015
Case Number
2014/24159
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 12 March 2015.
Outcome
Leave to appeal granted to the Full Bench of the Gauteng Local Division of the High Court. Costs to be costs in the appeal.
Judges
Makume
Legal Topics
Leave to Appeal, Admission of Further Evidence, Sequestration Proceedings
Civil Procedure Leave to Appeal Admission of Further Evidence Sequestration Proceedings

Case Brief

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Parties

Dreyer and Nieuwoudt

Applicant

Martin Stephanus

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 12 March 2015.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment delivered on 12 March 2015.
  2. 2 Whether the applicant should be permitted to tender new evidence at the appeal stage.

Ratio Decidendi

The court found that, although it was not persuaded that its findings were the result of faulty reasoning, the applicant had raised novel issues regarding the admission of new evidence at the appeal stage. Given the interests of justice and the possibility that another court could reach a different conclusion, leave to appeal was granted to the Full Bench of the Gauteng Local Division of the High Court. Costs of the application were ordered to be costs in the appeal.

Court Disposition

Leave to appeal granted to the Full Bench of the Gauteng Local Division of the High Court. Costs to be costs in the appeal.

Orders

  • Leave to appeal to the Full Bench of the Gauteng Local Division of the High Court is granted.
  • Costs of this application shall be costs in the appeal.