Van Dyk and Another v Rhodes (23121/2019) [2024] ZAGPJHC 610 (28 June 2024)

Van Dyk and Another v Rhodes (23121/2019) [2024] ZAGPJHC 610 (28 June 2024)

The court found that the applicants have demonstrated reasonable prospects of success on appeal. The issues raised in the application are sufficiently substantial to warrant reconsideration by another court. However, the matter does not require the attention of the Supreme Court of Appeal and is more appropriately dealt with by a Full Court of the Gauteng Division. Accordingly, leave to appeal is granted to the Full Court, with costs to be determined in the appeal.

Citation
[2024] ZAGPJHC 610
Parties
Applicant: Frederick Ernst Van Dyk; Applicant: Chris Avril Stuart; Respondent: Teresa Mary Rhodes
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 June 2024
Case Number
23121/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Outcome
Leave to appeal granted to a Full Court of the Gauteng Division, Johannesburg.
Judges
GC Wright
Legal Topics
Leave to Appeal, Prospects of Success, Costs on Appeal
Civil Procedure Leave to Appeal Prospects of Success Costs on Appeal

Case Brief

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Parties

Frederick Ernst Van Dyk

Applicant

Chris Avril Stuart

Applicant

Teresa Mary Rhodes

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted to the Supreme Court of Appeal or to a Full Court of the Gauteng Division.
  3. 3 Determination of costs for the appeal.

Ratio Decidendi

The court found that the applicants have demonstrated reasonable prospects of success on appeal. The issues raised in the application are sufficiently substantial to warrant reconsideration by another court. However, the matter does not require the attention of the Supreme Court of Appeal and is more appropriately dealt with by a Full Court of the Gauteng Division. Accordingly, leave to appeal is granted to the Full Court, with costs to be determined in the appeal.

Court Disposition

Leave to appeal granted to a Full Court of the Gauteng Division, Johannesburg.

Orders

  • The applicants are granted leave to appeal the judgment and order of Wright J of 4 June 2024.
  • Leave is to a Full Court of the Gauteng Division, Johannesburg.