Rapiprop 31 Pty Ltd and Another v Ironside and Another (15085/2007) [2011] ZAWCHC 43 (18 February 2011)

Rapiprop 31 Pty Ltd and Another v Ironside and Another (15085/2007) [2011] ZAWCHC 43 (18 February 2011)

The court found that, having considered the grounds advanced by the first applicant and the arguments presented by Ms Loser, there were no reasonable prospects of success on appeal. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2011] ZAWCHC 43
Parties
Applicant: Rapiprop 31 (Pty) Ltd; Applicant: Leon Frank & Partners; Respondent: Nigel Hugo Wakeford Ironside; Respondent: Barbara Ironside
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 February 2011
Case Number
15085/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Smit
Legal Topics
Leave to Appeal, Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Prospects of Success Costs Order

Case Brief

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Parties

Rapiprop 31 (Pty) Ltd

Applicant

Leon Frank & Partners

Applicant

Nigel Hugo Wakeford Ironside

Respondent

Barbara Ironside

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal discloses reasonable prospects of success.
  2. 2 Whether costs should be awarded against the applicant.

Ratio Decidendi

The court found that, having considered the grounds advanced by the first applicant and the arguments presented by Ms Loser, there were no reasonable prospects of success on appeal. 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.
  • The applicants are ordered to pay the costs of the application.