Page v Park 2000 Development (Pty) Ltd (8400/2006) [2010] ZAWCHC 591 (1 December 2010)

Page v Park 2000 Development (Pty) Ltd (8400/2006) [2010] ZAWCHC 591 (1 December 2010)

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.

Citation
[2010] ZAWCHC 591
Parties
Applicant: Rodney Wilmot Page; Respondent: Park 2000 Development (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
1 December 2010
Case Number
8400/2006
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment in Favour of Plaintiff
Outcome
Leave to appeal granted to the Supreme Court of Appeal. Costs of the application to be costs in the appeal.
Judges
Smit AJ
Legal Topics
Leave to Appeal, Contractual Suspensive Conditions, Conflicting Interpretations
Civil Procedure Commercial and Corporate Leave to Appeal Contractual Suspensive Conditions Conflicting Interpretations

Case Brief

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Parties

Rodney Wilmot Page

Applicant

Park 2000 Development (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment in Favour of Plaintiff

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal for the defendant.
  2. 2 Whether leave to appeal should be granted to the Supreme Court of Appeal due to conflicting provincial interpretations of contractual suspensive conditions.

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.

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.