Stebel NO and Another v Reality Dynamix 104 (Pty) Ltd (7143/2009) [2010] ZAWCHC 435 (5 August 2010)

Stebel NO and Another v Reality Dynamix 104 (Pty) Ltd (7143/2009) [2010] ZAWCHC 435 (5 August 2010)

The court found that the applicants had demonstrated sufficient grounds to warrant the granting of leave to appeal. The judge was satisfied that there are reasonable prospects that another court may reach a different conclusion on the issues decided in the judgment delivered on 3 May 2010. Accordingly, leave to appeal was granted to the full court of the division against the whole of the judgment. The costs of the application for leave to appeal were ordered to be costs in the appeal.

Citation
[2010] ZAWCHC 435
Parties
Plaintiff: Frederick Peter Strebel N.O.; Plaintiff: Johan Van Per Burgh N.O.; Respondent: Realty Dynamix 104 (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
5 August 2010
Case Number
7143/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the full court against the whole of the judgment delivered on 3 May 2010. Costs in the application for leave to appeal shall be costs in the appeal.
Judges
Yekiso
Legal Topics
Leave to Appeal, Costs in Application
Civil Procedure Leave to Appeal Costs in Application

Case Brief

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Parties

Frederick Peter Strebel N.O.

Plaintiff

Johan Van Per Burgh N.O.

Plaintiff

Realty Dynamix 104 (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the whole of the judgment delivered on 3 May 2010.
  2. 2 Whether costs in the application for leave to appeal should be costs in the appeal.

Ratio Decidendi

The court found that the applicants had demonstrated sufficient grounds to warrant the granting of leave to appeal. The judge was satisfied that there are reasonable prospects that another court may reach a different conclusion on the issues decided in the judgment delivered on 3 May 2010. Accordingly, leave to appeal was granted to the full court of the division against the whole of the judgment. The costs of the application for leave to appeal were ordered to be costs in the appeal.

Court Disposition

Leave to appeal granted to the full court against the whole of the judgment delivered on 3 May 2010. Costs in the application for leave to appeal shall be costs in the appeal.

Orders

  • Leave to appeal is granted to the full court of this division against the whole of the judgment delivered on 3 May 2010.
  • Costs in the application for leave to appeal shall be costs in the appeal.