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