Norman and Gary Abkin Dunswart Properties (Pty) Ltd and Another v Lam and Others (20204/2017) [2018] ZAGPJHC 27 (22 February 2018)
The court found that all relevant issues had already been addressed in the previous judgment and was not persuaded that the appeal had a reasonable prospect of success or that another court would reach a different conclusion. There was no compelling reason presented for the appeal to be heard. Accordingly, the...
Source-derived case information.
- Citation
- [2018] ZAGPJHC 27
- Parties
- Appellant: Norman & Gary Abkin Dunswart Properties (Pty) Ltd; Appellant: Manuel Fernando Martins Costa Holdings (Pty) Limited; Respondent: Pak Man Lam; Respondent: Chung Fung Metal Industrial Holdings (Pty) Ltd; Respondent: Kee Wah Investments (Pty) Ltd; Respondent: Chung Fung (Pty) Ltd; Respondent: Norman Abkin; Respondent: Gary Abkin
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 20204/2017
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Against Appellants.
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Twala
- Legal Topics
- Leave to Appeal, Reasonable Prospect of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Norman & Gary Abkin Dunswart Properties (Pty) Ltd
Appellant
Manuel Fernando Martins Costa Holdings (Pty) Limited
Appellant
Pak Man Lam
Respondent
Chung Fung Metal Industrial Holdings (Pty) Ltd
Respondent
Kee Wah Investments (Pty) Ltd
Respondent
Chung Fung (Pty) Ltd
Respondent
Norman Abkin
Respondent
Gary Abkin
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Against Appellants.
Legal Issues
- 1 Whether the application for leave to appeal meets the threshold set out in section 17 of the Superior Courts Act.
- 2 Whether there is a reasonable prospect that another court would come to a different conclusion.
- 3 Whether there is any compelling reason for the appeal to be heard.
Ratio Decidendi
The court found that all relevant issues had already been addressed in the previous judgment and was not persuaded that the appeal had a reasonable prospect of success or that another court would reach a different conclusion. There was no compelling reason presented for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
Full Case Text
Judgment text and source record
56 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
DATE: 22/02/18
CASE: 20204/2017
REPORTABLE: YES / NO
OF INTEREST TO OTHER JUDGES: YES / NO
In the matter between:
NORMAN & GARY ABKIN DUNSWART
PROPERTIES (PTY) LTD
FIRST APPELLANT
MANUEL FERNANDO MARTINS COSTA
SECOND APPELLANT
HOLDINGS (PTY) LIMITED
AND
PAK MAN LAM
FIRST RESPONDENT
CHUNG FUNG METAL INDUSTRIAL
HOLDINGS (PTY) LTD SECOND
RESPONDENT
KEE WAH INVESTMENTS (PTY) LTD THIRD
RESPONDENT
CHUNG FUNG (PTY) LTD
FOURTH RESPONDENT
NORMAN ABKIN
FIFTH
RESPONDENT
GARY ABKIN
SIXTH RESPONDNET
JUDGMENT
TWALA J
[1] Before this Court, is an application for leave to appeal the whole of the judgment and order given against the appellants on the 14th of December 2017. The reasons for the leave to appeal appear in the application and need not be repeated in this judgment.
[2] Section 17 of the Superior Courts Act, Act 10 of 2013 provides as follows with regard to leave to appeal:
“1. Leave to appeal may only be given where the judge or judges concerned are of the opinion that-
a) (i) the appeal would have a reasonable prospect of success; or
(ii) there is some other compelling reason why the appeal should be heard, including conflicting judgments on the matter under consideration;
b)……………………………….
[3] I am satisfied that the relevant issues in this matter have been addressed in my judgment. I am therefore not persuaded that the appeal has a reasonable prospect of success and that another Court may come to a different finding.
[4] In the circumstances, I make the following order:
a) The application for leave to appeal is dismissed with costs.
_________________
TWALA J
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION
Date of hearing:
15 February 2018
Date of Judgment: 22 February 2018
For the Appellant: Advocate:
LC Leysath
Instructed by:
MF Martins Costa Attorneys
Tel: 011 894 3727
For the Respondent: Advocate: J Kaplan
Instructed by:
Ian Levitt Attorneys
Tel: 011 784 3310