Reichlin and Others v Schinkel and Another (9210/2011) [2011] ZAWCHC 545 (7 November 2011)

Reichlin and Others v Schinkel and Another (9210/2011) [2011] ZAWCHC 545 (7 November 2011)

The court was not convinced that another court would reach a different conclusion but, exercising its discretion, granted leave to appeal. No order as to costs was made, indicating that the application did not warrant a punitive costs order and that each party should bear its own costs.

Citation
[2011] ZAWCHC 545
Parties
Applicant: Frantz Anton Norbert Reichlin; Applicant: Anita Reichlin; Applicant: Coscongot 287 Lacre CC; Respondent: Fred Schinkel; Respondent: Cancun Trading No 103 CC
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
7 November 2011
Case Number
9210/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal is granted. No order as to costs.
Judges
Mantame
Legal Topics
Leave to Appeal, Costs Order
Civil Procedure Leave to Appeal Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Frantz Anton Norbert Reichlin

Applicant

Anita Reichlin

Applicant

Coscongot 287 Lacre CC

Applicant

Fred Schinkel

Respondent

Cancun Trading No 103 CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the previous judgment.
  2. 2 Whether a costs order should be made in the application for leave to appeal.

Ratio Decidendi

The court was not convinced that another court would reach a different conclusion but, exercising its discretion, granted leave to appeal. No order as to costs was made, indicating that the application did not warrant a punitive costs order and that each party should bear its own costs.

Court Disposition

Leave to appeal is granted. No order as to costs.

Orders

  • Leave to appeal is granted.
  • No order as to costs.