Page v Park 2000 Development (Pty) Ltd (8400/2006) [2010] ZAWCHC 591 (1 December 2010)
- Citation
- [2010] ZAWCHC 591
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Western Cape High Court, Cape Town
- Panel
- Smit AJ
- Case number
- 8400/2006
More details
- Court
- Western Cape High Court, Cape Town
- Panel
- Smit AJ
- Case number
- 8400/2006
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the respondent had demonstrated a reasonable prospect of success on appeal, particularly in light of conflicting provincial interpretations of contractual suspensive conditions. The interests of justice required that the Supreme Court of Appeal be given the opportunity to resolve the apparent conflict. Accordingly, leave to appeal was granted to the Supreme Court of Appeal, and the costs of the application were ordered to be costs in the appeal.
Court disposition
Leave to appeal granted to the Supreme Court of Appeal. Costs of the application to be costs in the appeal.
Orders
- Leave to appeal is granted to the Supreme Court of Appeal.
- The costs of this application shall be costs in the appeal.
02
Material facts
Parties
Rodney Wilmot Page
ApplicantPark 2000 Development (Pty) Ltd
Respondent Counsel: Mr Scholtz03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal After Judgment in Favour of Plaintiff
04
Questions and positions
Legal issues
- 01
Whether there is a reasonable prospect of success on appeal for the defendant.
- 02
Whether leave to appeal should be granted to the Supreme Court of Appeal due to conflicting provincial interpretations of contractual suspensive conditions.
Party arguments
- Applicant
- The applicant, having succeeded in the initial judgment, opposed the granting of leave to appeal, maintaining that the judgment was correct and that no reasonable prospect of success existed for the respondent on appeal.
- Respondent
- The respondent, represented by Mr Scholtz, argued that leave to appeal should be granted to the Supreme Court of Appeal, citing a reasonable prospect of success and highlighting an apparent conflict at provincial level regarding the interpretation of contractual suspensive conditions.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act, 10 of 2013
Leave to appeal should be granted where there is a reasonable prospect that another court may come to a different conclusion.
- 02
No specific case cited; principle derived from judicial discretion
Conflicting interpretations at provincial level regarding contractual suspensive conditions warrant consideration by the Supreme Court of Appeal.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the respondent had demonstrated a reasonable prospect of success on appeal, particularly in light of conflicting provincial interpretations of contractual suspensive conditions. The interests of justice required that the Supreme Court of Appeal be given the opportunity to resolve the apparent conflict. Accordingly, leave to appeal was granted to the Supreme Court of Appeal, and the costs of the application were ordered to be costs in the appeal.
Obiter and limits
- The existence of conflicting interpretations at provincial level is a compelling reason to grant leave to appeal to a higher court.
- Costs in applications for leave to appeal are appropriately made costs in the appeal itself.
Court disposition
Leave to appeal granted to the Supreme Court of Appeal. Costs of the application to be costs in the appeal.
- Leave to appeal is granted to the Supreme Court of Appeal.
- The costs of this application shall be costs in the appeal.
Source and reliance status
Western Cape High Court, Cape Town
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Judgment reading view
Judgment text
The complete available source text.
Western Cape High Court, Cape Town
Judgment
IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN)
CASE NUMBER: 8400/2006
DATE: 1 DECEMBER 2010
In the matter between:
RODNEY
WILMOT PAGE …..............................................Applicant (Plaintiff)
and
PARK 2000 DEVELOPMENT (PTY) LTD ….............Respondent (Defendant)
JUDGMENT
(Application for leave to appeal)
SMIT. AJ:
In this matter I gave judgment in favour of plaintiff. Defendant has brought an application for leave to appeal and I have been persuaded that there is a reasonable prospect of success on appeal.
Mr Scholtz contended that leave to appeal should be granted to the Supreme Court of Appeal and he has persuaded me that, in view of the apparent conflict which exists at provincial level regarding the interpretation of contractual suspensive conditions, leave should be granted to appeal to the Supreme Court of Appeal
I accordingly grant leave to appeal to the Supreme Court of Appeal. The costs of this application shall be costs in the appeal. SMIT, AJ
I accordingly grant leave to appeal to the Supreme Court of Appeal. The costs of this application shall be costs in the appeal.
SMIT, AJ
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