Raulstone Properties (Pty) Ltd v Clubview Garage CC (5493/2017) [2017] ZAGPPHC 865 (28 August 2017)

Raulstone Properties (Pty) Ltd v Clubview Garage CC (5493/2017) [2017] ZAGPPHC 865 (28 August 2017)

The court found that all grounds advanced by the respondent in its application for leave to appeal had either been addressed in the main judgment or were governed by binding precedent from the Supreme Court of Appeal and the Constitutional Court. The court concluded that the present matter could not be distinguished from those precedents and that the respondent's points of law did not have reasonable prospects of success. Accordingly, leave to appeal was refused.

Citation
[2017] ZAGPPHC 865
Parties
Applicant: Raulstone Properties (Pty) Ltd; Respondent: Clubview Garage CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 August 2017
Case Number
5493/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Main Judgment
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel on an attorney and client scale.
Judges
HF Jacobs
Legal Topics
Leave to Appeal, Onus of Proof, Close Corporations Act Section 46
Civil Procedure Leave to Appeal Onus of Proof Close Corporations Act Section 46

Case Brief

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Parties

Raulstone Properties (Pty) Ltd

Applicant

Clubview Garage CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Main Judgment

Legal Issues

  1. 1 Whether the finding on the onus regarding the defence under section 46 of the Close Corporations Act was a misdirection.
  2. 2 Whether the points of law raised by the respondent have merit in light of binding precedent.
  3. 3 Whether leave to appeal should be granted to the respondent.

Ratio Decidendi

The court found that all grounds advanced by the respondent in its application for leave to appeal had either been addressed in the main judgment or were governed by binding precedent from the Supreme Court of Appeal and the Constitutional Court. The court concluded that the present matter could not be distinguished from those precedents and that the respondent's points of law did not have reasonable prospects of success. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel on an attorney and client scale.

Orders

  • The application for leave to appeal is dismissed with costs, including the costs of two counsel to be taxable on a scale between attorney and client.