Van der Westhuizen and Another v Stuart and Others (5468/2016) [2016] ZAGPPHC 357 (12 May 2016)

Van der Westhuizen and Another v Stuart and Others (5468/2016) [2016] ZAGPPHC 357 (12 May 2016)

The court found that the reasons for judgment had already been dealt with extensively and that there are no reasonable prospects that another court would reach a different decision. The application for leave to appeal was therefore dismissed. The applicant was ordered to pay the costs, including those of senior counsel, as the application was without merit and unnecessarily prolonged the litigation.

Citation
[2016] ZAGPPHC 357
Parties
Applicant: J F H Van der Westhuizen; Applicant: Protea Aftree-Oord (Verwoerdburg) (Pty) Ltd; Respondent: Elmo-York Stuart; Respondent: EY Stuart Incorporated; Respondent: Law Society of the Northern Provinces
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 May 2016
Case Number
5468/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs, including costs of senior counsel.
Judges
C Pretorius
Legal Topics
Leave to Appeal, Costs Award
Civil Procedure Leave to Appeal Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

J F H Van der Westhuizen

Applicant

Protea Aftree-Oord (Verwoerdburg) (Pty) Ltd

Applicant

Elmo-York Stuart

Respondent

EY Stuart Incorporated

Respondent

Law Society of the Northern Provinces

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 the applicant has shown reasonable prospects that another court would come to a different decision.
  3. 3 Whether costs should be awarded against the applicant.

Ratio Decidendi

The court found that the reasons for judgment had already been dealt with extensively and that there are no reasonable prospects that another court would reach a different decision. The application for leave to appeal was therefore dismissed. The applicant was ordered to pay the costs, including those of senior counsel, as the application was without merit and unnecessarily prolonged the litigation.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of senior counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is to pay the costs, including the costs of senior counsel.