Van Dyk and Another v Rhodes (23121/2019) [2024] ZAGPJHC 610 (28 June 2024)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal against dismissal of main application — Court finds reasonable prospect of success on appeal — Leave granted to appeal to Full Court of the Gauteng Division.

About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: South Gauteng High Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: South Gauteng High Court, Johannesburg
>>
2024
>>
[2024] ZAGPJHC 610
|

|

Van Dyk and Another v Rhodes (23121/2019) [2024] ZAGPJHC 610 (28 June 2024)

IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case
NO:
23121-2019
1.
REPORTABLE: No
2.
OF INTEREST TO OTHER JUDGES:  No
3.
REVISED
28
June 2024
In the matter between:
FREDERICK
ERNST VAN DYK
First
Applicant
CHRIS
AVRIL STUART
Second Applicant
and
TERESA
MARY
RHODES
Respondent
JUDGMENT
WRIGHT J
[1]
On 4 June 2024 I handed down a typed,
signed judgment in the main application which I dismissed. The
applicants now seek leave to
appeal. In my view, the applicants have
a reasonable prospect on appeal. The case does not need the attention
of the SCA.
Order
[1]
The applicants are granted leave to
appeal the judgment and order of Wright J of 4 June 2024.
[2]
Leave is to a Full Court of the
Gauteng Division, Johannesburg.
[3]
Costs in the appeal.
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD
:28 June 2024
DELIVERED
:28 June 2024
APPEARANCES
:
Applicants
Adv S McTurk
083 256 5561
adv.shaun@mcturk.co.za
Instructed
By        WA Opperman Attorneys
010 446
9962
Respondent
Adv JW Kloek
082 600
5350
kloek@rsabar.com
/
kloek@mweb.co.za
Instructed
By       JJ Badenhorst & Associates
Attorneys Inc
011 764 4745