Zanbuild Constructions (Pty) Ltd v ABSA Bank Ltd and Others (2083/2009) [2009] ZAWCHC 225 (10 December 2009)

Zanbuild Constructions (Pty) Ltd v ABSA Bank Ltd and Others (2083/2009) [2009] ZAWCHC 225 (10 December 2009)

The court found that the delay in bringing the application for leave to appeal was excusable and condonation should be granted. The interpretation of the Absa guarantee, which formed the basis of the claim by the second and third respondents against the first respondent, is not straightforward and presents difficult questions of law. There is a reasonable prospect that another court may reach a different conclusion regarding the interpretation of the guarantee. Given the importance of the matter and its relevance to similar guarantees in other cases, leave to appeal to the Supreme Court of Appeal is warranted. The costs of the application will be determined by the appellate court,...

Citation
[2009] ZAWCHC 225
Parties
Applicant: Zanbuild Construction (Pty) Ltd; Respondent: ABSA Bank Limited; Respondent: Minister of Transport and Public Works, Provincial Government of the Western Cape; Respondent: Head of the Department of Transport and Public Works: Provincial Government of the Western Cape
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 December 2009
Case Number
2083/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 9 June 2009.
Outcome
Leave to appeal granted to the Supreme Court of Appeal; condonation for late filing granted; costs reserved for determination by the appellate court.
Judges
Louw
Legal Topics
Guarantee Interpretation, Leave to Appeal, Condonation for Late Filing
Commercial and Corporate Civil Procedure Guarantee Interpretation Leave to Appeal Condonation for Late Filing

Case Brief

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Parties

Zanbuild Construction (Pty) Ltd

Applicant

ABSA Bank Limited

Respondent

Minister of Transport and Public Works, Provincial Government of the Western Cape

Respondent

Head of the Department of Transport and Public Works: Provincial Government of the Western Cape

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 9 June 2009.

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the interpretation of the Absa guarantee.
  3. 3 Whether leave to appeal should be granted to the Supreme Court of Appeal.

Ratio Decidendi

The court found that the delay in bringing the application for leave to appeal was excusable and condonation should be granted. The interpretation of the Absa guarantee, which formed the basis of the claim by the second and third respondents against the first respondent, is not straightforward and presents difficult questions of law. There is a reasonable prospect that another court may reach a different conclusion regarding the interpretation of the guarantee. Given the importance of the matter and its relevance to similar guarantees in other cases, leave to appeal to the Supreme Court of Appeal is warranted. The costs of the application will be determined by the appellate court,...

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal; condonation for late filing granted; costs reserved for determination by the appellate court.

Orders

  • The delay in bringing the application is condoned.
  • Leave to appeal is granted to the Supreme Court of Appeal against the judgment delivered and the orders made on 9 June 2009, on the grounds set out in the application for leave to appeal.