Willers v Wonderhoek Farms (Pty) Ltd (5049/2014) [2021] ZAFSHC 182 (22 July 2021)

Willers v Wonderhoek Farms (Pty) Ltd (5049/2014) [2021] ZAFSHC 182 (22 July 2021)

The court found that, although the applicant conceded the ruling was not final, the personal nature of the cost order de bonis propriis warranted reconsideration by a higher court. The threshold for granting leave to appeal under section 17(1)(a) of the Superior Courts Act has been raised, but the submissions and grounds presented by both parties indicated that another court might reasonably reach a different conclusion. Therefore, both the application for leave to appeal and the conditional cross-appeal were granted, with costs to be costs in the appeal.

Citation
[2021] ZAFSHC 182
Parties
Applicant: Pieter Cornelius Johannes Willers; Respondent: Wonderhoek Farms (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 July 2021
Case Number
5049/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Cross Appeal Following Cost Order Judgment.
Outcome
Leave to appeal and cross-appeal granted; costs to be costs in the appeal.
Judges
Chesiwe
Legal Topics
Leave to Appeal, Costs Order, De Bonis Propriis, Party and Party Costs
Civil Procedure Leave to Appeal Costs Order De Bonis Propriis Party and Party Costs

Case Brief

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Parties

Pieter Cornelius Johannes Willers

Applicant

Wonderhoek Farms (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Cross Appeal Following Cost Order Judgment.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the cost order de bonis propriis.
  2. 2 Whether the respondent's conditional cross-appeal for costs on a party and party basis should be granted.
  3. 3 Whether the threshold for granting leave to appeal under section 17(1)(a) of the Superior Courts Act is met.

Ratio Decidendi

The court found that, although the applicant conceded the ruling was not final, the personal nature of the cost order de bonis propriis warranted reconsideration by a higher court. The threshold for granting leave to appeal under section 17(1)(a) of the Superior Courts Act has been raised, but the submissions and grounds presented by both parties indicated that another court might reasonably reach a different conclusion. Therefore, both the application for leave to appeal and the conditional cross-appeal were granted, with costs to be costs in the appeal.

Court Disposition

Leave to appeal and cross-appeal granted; costs to be costs in the appeal.

Orders

  • Leave to appeal is granted to the full bench of this division.
  • Leave on the cross-appeal is granted.