Toerien v Standard Bank of South Africa Limited (91022/2015) [2017] ZAGPPHC 166 (13 February 2017)

Toerien v Standard Bank of South Africa Limited (91022/2015) [2017] ZAGPPHC 166 (13 February 2017)

The court found that, after careful consideration of the judgment against which leave to appeal was sought, there were no reasonable prospects that another court would reach a different conclusion. The applicant failed to advance any compelling reason for the appeal to be heard. The statutory threshold for granting leave to appeal, as set out in section 17 of the Superior Court Act, was not met. The application for leave to appeal was therefore dismissed as unmeritorious.

Citation
[2017] ZAGPPHC 166
Parties
Applicant: Trevor Keith Toerien; Respondent: Standard Bank of South Africa Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 February 2017
Case Number
91022/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Summary Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
TM Makgoka
Legal Topics
Summary Judgment, Leave to Appeal, Special Executability
Civil Procedure Banking and Finance Summary Judgment Leave to Appeal Special Executability

Case Brief

Summary, issues, holding and outcome

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Parties

Trevor Keith Toerien

Applicant

Standard Bank of South Africa Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Summary Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court might reach a different conclusion on the summary judgment.
  2. 2 Whether there is a compelling reason for the appeal to be heard.
  3. 3 Whether the matter should have been referred to trial instead of summary judgment being granted.

Ratio Decidendi

The court found that, after careful consideration of the judgment against which leave to appeal was sought, there were no reasonable prospects that another court would reach a different conclusion. The applicant failed to advance any compelling reason for the appeal to be heard. The statutory threshold for granting leave to appeal, as set out in section 17 of the Superior Court Act, was not met. The application for leave to appeal was therefore dismissed as unmeritorious.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.