Shaw NO and Others v O'Shea NO and Another (11132/2009, 22736/2009, 10336/2010) [2010] ZAWCHC 497 (15 October 2010)

Shaw NO and Others v O'Shea NO and Another (11132/2009, 22736/2009, 10336/2010) [2010] ZAWCHC 497 (15 October 2010)

The court found that the matter raised crucial issues of interpretation regarding the sequestration proceedings and the intervention of parties. Given the complexity and the possibility that another court might reach a different conclusion, leave to appeal to the Supreme Court of Appeal was warranted. The court also determined that the costs of the application and the intervention should be costs in the appeal, following established practice.

Citation
[2010] ZAWCHC 497
Parties
Applicant: Bryan Neville Shaw N.O.; Applicant: Dudley Bernard Davids N.O.; Applicant: Christopher Peter van Zyl N.O.; Applicant: Brian Neville Shaw N.O.; Applicant: Hassen Kajie N.O.; Respondent: Patrick Kerry O'Shea N.O.; Respondent: Siobhan Lee O'Shea N.O.
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 October 2010
Case Number
11132/2009, 22736/2009, 10336/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Final Sequestration Order
Outcome
Leave to appeal granted to the Supreme Court of Appeal; costs to be costs in the appeal.
Judges
Jacobs
Legal Topics
Leave to Appeal, Sequestration, Intervention Application
Civil Procedure Leave to Appeal Sequestration Intervention Application

Case Brief

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Parties

Bryan Neville Shaw N.O.

Applicant

Dudley Bernard Davids N.O.

Applicant

Christopher Peter van Zyl N.O.

Applicant

Brian Neville Shaw N.O.

Applicant

Hassen Kajie N.O.

Applicant

Patrick Kerry O'Shea N.O.

Respondent

Siobhan Lee O'Shea N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Final Sequestration Order

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Supreme Court of Appeal on the interpretation issues arising from the sequestration proceedings.
  2. 2 Whether the costs of the application and intervention should be costs in the appeal.

Ratio Decidendi

The court found that the matter raised crucial issues of interpretation regarding the sequestration proceedings and the intervention of parties. Given the complexity and the possibility that another court might reach a different conclusion, leave to appeal to the Supreme Court of Appeal was warranted. The court also determined that the costs of the application and the intervention should be costs in the appeal, following established practice.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal; costs to be costs in the appeal.

Orders

  • Leave to appeal is granted to the Supreme Court of Appeal.
  • Costs should be costs in the appeal.