Pellissier v Pellissier and Another (15818/2009) [2010] ZAWCHC 414 (3 June 2010)
The court found that, in light of its previous finding regarding the applicant's assumption of liability for the school fees and the subsequent Supreme Court of Appeal decision in Fish Hoek Primary School v GW, there exists a reasonable prospect that another court may reach a different conclusion. Accordingly, leave...
Source-derived case information.
- Citation
- [2010] ZAWCHC 414
- Parties
- Applicant: Samuel Henri Pellissier; Respondent: Eulogy Pellissier; Respondent: Die Balju. Stellenbosch
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 15818/2009
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Full Bench
- Outcome
- Leave to appeal to the Full Bench of the division is granted.
- Judges
- Allie
- Legal Topics
- School Fee Liability, Leave to Appeal, Costs in Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Henri Pellissier
Applicant
Eulogy Pellissier
Respondent
Die Balju. Stellenbosch
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench
Legal Issues
- 1 Whether the first respondent was entitled to claim payment of school fees for which she was not liable to the schools.
- 2 Whether the applicant had assumed liability for the school fees.
- 3 Whether there is a reasonable prospect that another court may reach a different conclusion.
Ratio Decidendi
The court found that, in light of its previous finding regarding the applicant's assumption of liability for the school fees and the subsequent Supreme Court of Appeal decision in Fish Hoek Primary School v GW, there exists a reasonable prospect that another court may reach a different conclusion. Accordingly, leave to appeal to the Full Bench of the division was granted.
Court Disposition
Leave to appeal to the Full Bench of the division is granted.
Orders
- Leave to appeal to the Full Bench of the Western Cape High Court is granted.
- The costs of this application will be costs in the appeal.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NUMBER: 15818/2009
DATE: 3 JUNE 2010
In the matter between:
SAMUEL HENRI PELLISSIER ….......................................................Applicantand
EULOGY PELLISSIER ….........................................................1st Respondent
DIE BALJU. STELLENBOSCH …...........................................2nd Respondent
JUDGMENT
Application for Leave to Appeal
ALLIE. J:
In this matter I am of the view that in the light of the Court's finding about whether the first respondent was entitled to claim payment of school fees for which she was not liable to the schools and for which the Court found the applicant had assumed liability, and in the light of the decision of Fish Hoek Primary School v GW. a Supreme Court of Appeal decision that came out subsequent to the delivering of this judgment, there is a reasonable prospect that another court may come to a different conclusion, and so I am granting leave to appeal to the Full Bench of this division. The costs of this application will be costs in the appeal.
ALLIE, J