Beadica 231 CC v Sale’s Hire CC (1191/2018) [2020] ZASCA 76 (30 June 2020)

Flynote

Practice and procedure – special leave to appeal – refusal by two
judges of the Supreme Court of Appeal (SCA) – s 17(2)(f) of the Superior Courts Act 10 of 2013 – referral of order refusing special leave to court for reconsideration and, if necessary, variation.
Appeal – application for special leave to appeal to the SCA – requirements for grant thereof – test not satisfied by establishing existence of only reasonable prospects of success but existence of special circumstances also required. Contract – enforcement of – general rule that contracts enforceable unless enforcement unconscionable or contrary to public policy.


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