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South Africa Case Law

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Civil Procedure [2021] ZAFSHC 248

Fezile Dabi District Municipality v Maximum Profit Recovery Pty Ltd and 1 Other (2051/2019)

Fezile Dabi District Municipality v Maximum Profit Recovery Pty Ltd and 1 Other (2051/2019) [2021] ZAFSHC 248 (30 September 2021)

Court
Free State High Court, Bloemfontein
Case number
2051/2019
Judge
Molitsoane

The court held that the order of Jordaan J, made in chambers under Uniform Rule 48(6), is not appealable. The Rule 48 review procedure is intended to be a final revision on the merits, not a proceeding of the court, and is designed to be inexpensive and procedurally simple. The court is bound by the full court decision in Menzies, which established that no appeal lies from a judge's decision in chambers regarding review of taxation. The application for leave to appeal is therefore dismissed.

Source excerpt

  • Review Of Taxation
  • Appealability Of Chambers Decision
  • Uniform Rules Of Court
  • Condonation For Late Filing
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Civil Procedure [2010] ZAWCHC 381

Weaving v Reck and Others (11579/06)

Weaving v Reck and Others (11579/06) [2010] ZAWCHC 381 (23 April 2010)

Court
Western Cape High Court, Cape Town
Case number
11579/06
Judge
Fourie R

The court held that it was bound by the full bench decision in Menzies Birse & Chiddv v Hall, which established that a decision made by a judge in chambers under Rule 48 is not appealable unless a statutory provision expressly allows it. The court found no basis to distinguish the present case from Menzies, as the relevant rules are for all practical purposes identical. The court further held that Section 21A of the Supreme Court Act requires extraordinary circumstances for leave to appeal on a costs issue, which were not present in this case. The invitation to follow Vaaltvn v Goss & Another…

Source excerpt

  • Review Of Taxation
  • Leave To Appeal
  • Costs Only Appeal
  • Rule 48
  • Appealability Of Chambers Decision
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.