Orion Real Estate Limited v Zephan Properties Proprietary Limited (09441/2019) [2019] ZAGPJHC 185 (18 June 2019)

Orion Real Estate Limited v Zephan Properties Proprietary Limited (09441/2019) [2019] ZAGPJHC 185 (18 June 2019)

The court found that the applicant's notice of application for leave to appeal was filed within the prescribed time limits, as the applicant was entitled to request reasons for the ex tempore judgment, and those reasons were provided on 29 April 2019. The notice was filed on 15 May 2019, which was within the time...

Source-derived case information.

Citation
[2019] ZAGPJHC 185
Parties
Applicant: Orion Real Estate Limited; Respondent: Zephan Properties Proprietary Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 June 2019
Case Number
09441/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court Following Dismissal of Urgent Application
Outcome
Leave to appeal granted to the full court of the Gauteng Local Division; point in limine dismissed; costs order varied.
Judges
B Wanless
Legal Topics
Leave to Appeal, Condonation, Costs Order, Rule 49, Rule 42
Civil Procedure Leave to Appeal Condonation Costs Order Rule 49 Rule 42

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Orion Real Estate Limited

Applicant

Zephan Properties Proprietary Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court Following Dismissal of Urgent Application

Legal Issues

  1. 1 Whether the applicant's notice of application for leave to appeal was filed timeously in terms of Rule 49(1)(b).
  2. 2 Whether the applicant is entitled to leave to appeal against the judgment delivered on 28 March 2019.
  3. 3 Whether the costs order including 'the costs of Senior Counsel' was appropriate and should be varied.

Ratio Decidendi

The court found that the applicant's notice of application for leave to appeal was filed within the prescribed time limits, as the applicant was entitled to request reasons for the ex tempore judgment, and those reasons were provided on 29 April 2019. The notice was filed on 15 May 2019, which was within the time allowed by Rule 49(1)(b). The point in limine raised by the respondent was dismissed. On the merits, the court held that, despite the more onerous test for leave to appeal under s 17(1)(a)(i) of the Superior Courts Act, there was a reasonable prospect that another court may find merit in the applicant's arguments regarding the revival or creation of a new agreement by the fourth...

Court Disposition

Leave to appeal granted to the full court of the Gauteng Local Division; point in limine dismissed; costs order varied.

Orders

  • The point in limine raised by the respondent is dismissed with costs, including costs of the application to declare the leave to appeal an irregular proceeding and costs of the applicant's condonation application.
  • The applicant is granted leave to appeal to the full court of the Gauteng Local Division against the judgment delivered on 28 March 2019 under case number 09441/2019.