Road Accident Fund v Dr Johannes Heymans (Pty) Ltd (Leave to Appeal) (056717/2022) [2024] ZAGPPHC 636 (21 June 2024)

Road Accident Fund v Dr Johannes Heymans (Pty) Ltd (Leave to Appeal) (056717/2022) [2024] ZAGPPHC 636 (21 June 2024)

The court found that there are no compelling circumstances or important points of law that warrant consideration by a higher court. Furthermore, the judge was not persuaded that the appeal would have a reasonable prospect of success. Accordingly, the application for leave to appeal was dismissed.

Citation
[2024] ZAGPPHC 636
Parties
Applicant: Road Accident Fund; Respondent: Dr Johannes Heymans (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 June 2024
Case Number
056717/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Holland-Muter
Legal Topics
Leave to Appeal, Prospects of Success, Costs Award
Civil Procedure Leave to Appeal Prospects of Success Costs Award

Case Brief

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Parties

Road Accident Fund

Applicant

Dr Johannes Heymans (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 17 of the Superior Courts Act.
  2. 2 Whether there are reasonable prospects of success on appeal.
  3. 3 Whether there are compelling reasons for the appeal to be heard.

Ratio Decidendi

The court found that there are no compelling circumstances or important points of law that warrant consideration by a higher court. Furthermore, the judge was not persuaded that the appeal would have a reasonable prospect of success. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with cost.
  • All costs pertaining to work done after 1 April 2024 are awarded on scale 'B'.