Wingate-Pearse and Another v Daywine Properties CC and Another (2023/064822) [2024] ZAGPJHC 869 (30 August 2024)

Wingate-Pearse and Another v Daywine Properties CC and Another (2023/064822) [2024] ZAGPJHC 869 (30 August 2024)

The application for leave to appeal is dismissed because there are no reasonable prospects of success on either ground advanced. The first applicant's locus standi was not properly placed in dispute by the respondents, who failed to apply for leave to file further affidavits regarding the deregistration of the ten applicants. The costs order ground was abandoned during oral argument, and it is acknowledged that there are no prospects of success on that issue. The court exercised its discretion judicially in declining to determine the new defence raised for the first time in oral argument.

Citation
[2024] ZAGPJHC 869
Parties
Applicant: Donatella Wingate-Pearse N.O; Applicant: The Remaining Applicants which are identified on Annexure 'A' to the Notice of Motion; Respondent: Daywine Properties CC; Respondent: Moira Alice Wingate-Pearse
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 August 2024
Case Number
2023/064822
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 13 June 2024
Outcome
Application for leave to appeal dismissed with costs.
Judges
Maenetje
Legal Topics
Locus Standi, Leave to Appeal, Costs Order, Deregistration of Entities
Civil Procedure Locus Standi Leave to Appeal Costs Order Deregistration of Entities

Case Brief

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Parties

Donatella Wingate-Pearse N.O

Applicant

The Remaining Applicants which are identified on Annexure 'A' to the Notice of Motion

Applicant

Daywine Properties CC

Respondent

Moira Alice Wingate-Pearse

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 13 June 2024

Legal Issues

  1. 1 Whether the first applicant had locus standi to seek documents relating to deregistered applicants.
  2. 2 Whether the court erred in granting a costs order against the respondents.

Ratio Decidendi

The application for leave to appeal is dismissed because there are no reasonable prospects of success on either ground advanced. The first applicant's locus standi was not properly placed in dispute by the respondents, who failed to apply for leave to file further affidavits regarding the deregistration of the ten applicants. The costs order ground was abandoned during oral argument, and it is acknowledged that there are no prospects of success on that issue. The court exercised its discretion judicially in declining to determine the new defence raised for the first time in oral argument.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.