N.S v J.N (46881/2020) [2021] ZAGPPHC 681 (25 August 2021)

N.S v J.N (46881/2020) [2021] ZAGPPHC 681 (25 August 2021)

The court found that the order of 2 October 2020 was not final in effect and did not dispose of a substantial portion of the relief sought in the postponed Part B of the application. The order was interim, pending the determination of parental rights and residency, and did not cause irreparable harm to the applicant. The interests of justice did not warrant granting leave to appeal, as the applicant would have an opportunity to address the substantive issues when Part B is heard. The application for leave to appeal was therefore dismissed with costs.

Citation
[2021] ZAGPPHC 681
Parties
Applicant: N[....] S[....]; Respondent: J N
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 August 2021
Case Number
46881/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interim Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mosopa
Legal Topics
Interim Orders, Appealability, Parental Rights, Primary Residence, Costs Award
Family and Children Civil Procedure Interim Orders Appealability Parental Rights Primary Residence Costs Award

Case Brief

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Parties

N[....] S[....]

Applicant

J N

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interim Order

Legal Issues

  1. 1 Whether the interim order of 2 October 2020 is appealable.
  2. 2 Whether the order disposes of a substantial portion of the relief sought in the main application.
  3. 3 Whether it is in the interests of justice to grant leave to appeal the interim order.

Ratio Decidendi

The court found that the order of 2 October 2020 was not final in effect and did not dispose of a substantial portion of the relief sought in the postponed Part B of the application. The order was interim, pending the determination of parental rights and residency, and did not cause irreparable harm to the applicant. The interests of justice did not warrant granting leave to appeal, as the applicant would have an opportunity to address the substantive issues when Part B is heard. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal the interim order of 2 October 2020 is dismissed with costs.