Weiss N.O and Others v Standard Bank of South Africa Ltd (945/2010) [2013] ZANWHC 92 (16 May 2013)

Weiss N.O and Others v Standard Bank of South Africa Ltd (945/2010) [2013] ZANWHC 92 (16 May 2013)

The court found that both Mr Weiss and Mr R Fourie had the necessary locus standi in both the application for rescission and the application for leave to appeal. Mr Weiss had not been released by the Master and remained a trustee, and Mr R Fourie, though insolvent, had not yet been removed by the Master. Mrs Manda Fourie was not authorised to act as trustee. The applicants provided convincing reasons for their late filing and demonstrated good cause for condonation. The court concluded that there were reasonable prospects that another court could reach a different conclusion regarding the rescission application. Accordingly, leave to appeal to the full bench was granted, with costs to be...

Citation
[2013] ZANWHC 92
Parties
Applicant: Conrad Max Weiss N.O.; Applicant: Reinier Adriaan Fourie N.O.; Applicant: Manda Fourie N.O.; Respondent: Standard Bank of South Africa Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 May 2013
Case Number
945/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Rescission Application
Outcome
Leave to appeal granted to the full bench; costs to be costs in the appeal.
Judges
A A Landman
Legal Topics
Locus Standi, Trustee Resignation, Suretyship, Condonation, Rescission of Judgment
Civil Procedure Banking and Finance Locus Standi Trustee Resignation Suretyship Condonation Rescission of Judgment

Case Brief

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Parties

Conrad Max Weiss N.O.

Applicant

Reinier Adriaan Fourie N.O.

Applicant

Manda Fourie N.O.

Applicant

Standard Bank of South Africa Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Rescission Application

Legal Issues

  1. 1 Whether the applicants had locus standi to bring the application for rescission of judgment.
  2. 2 Whether the applicants have shown reasonable prospects of success on appeal.
  3. 3 Whether condonation for late filing should be granted.

Ratio Decidendi

The court found that both Mr Weiss and Mr R Fourie had the necessary locus standi in both the application for rescission and the application for leave to appeal. Mr Weiss had not been released by the Master and remained a trustee, and Mr R Fourie, though insolvent, had not yet been removed by the Master. Mrs Manda Fourie was not authorised to act as trustee. The applicants provided convincing reasons for their late filing and demonstrated good cause for condonation. The court concluded that there were reasonable prospects that another court could reach a different conclusion regarding the rescission application. Accordingly, leave to appeal to the full bench was granted, with costs to be...

Court Disposition

Leave to appeal granted to the full bench; costs to be costs in the appeal.

Orders

  • Leave to appeal is granted to the full bench.
  • The costs of the application for leave to appeal are to be costs in the appeal.