Leathern N.O and Others v Reserve Bank of South Africa and Another (41306/2019) [2020] ZAGPPHC 269 (18 June 2020)

Leathern N.O and Others v Reserve Bank of South Africa and Another (41306/2019) [2020] ZAGPPHC 269 (18 June 2020)

The court found that the applicants demonstrated reasonable prospects of success on appeal and that the issues raised are of sufficient importance to warrant consideration by the Supreme Court of Appeal. Accordingly, leave to appeal is granted and the costs of the application are ordered to be costs in the appeal.

Citation
[2020] ZAGPPHC 269
Parties
Applicant: Renette Leathern N.O; Applicant: William David Leathern N.O.; Applicant: Jerif Anos Mashaba N.O.; Respondent: South African Reserve Bank; Respondent: Growbank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 June 2020
Case Number
41306/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal is granted to the Supreme Court of Appeal. Costs of the application are to be costs in the appeal.
Judges
Holland-Muter
Legal Topics
Leave to Appeal, Costs in the Appeal
Civil Procedure Leave to Appeal Costs in the Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Renette Leathern N.O

Applicant

William David Leathern N.O.

Applicant

Jerif Anos Mashaba N.O.

Applicant

South African Reserve Bank

Respondent

Growbank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment handed down on 21 May 2020.
  2. 2 Whether the costs of the application for leave to appeal should be costs in the appeal.

Ratio Decidendi

The court found that the applicants demonstrated reasonable prospects of success on appeal and that the issues raised are of sufficient importance to warrant consideration by the Supreme Court of Appeal. Accordingly, leave to appeal is granted and the costs of the application are ordered to be costs in the appeal.

Court Disposition

Leave to appeal is granted to the Supreme Court of Appeal. Costs of the application are to be costs in the appeal.

Orders

  • Leave to appeal against the judgment handed down on 21 May 2020 is granted to the Supreme Court of Appeal.
  • Costs of the application for leave to appeal are to be costs in the appeal.