The Supreme Court of Appeal dealt with an application for reconsideration under section 17(2)(f) of the Superior Courts Act in a dispute involving Silverbirch Estate Homeowners' Association and the CIPC records of directors. The judgment records that Ms Fisher, Snr had resigned as a director before the petition order was handed down, and the court struck the reconsideration application from the roll with costs, save for a costs order about condonation. The judgment also discusses the binding effect of earlier cases on reconsideration applications and the court's view that the jurisdictional threshold was not met.
This may be relevant to practitioners dealing with section 17(2)(f) reconsideration applications and CIPC director-record disputes.
Evidence from source
application for reconsideration of refusal of petition for leave to appeal
Supports: plain_summary sentence 1
the proper order in such cases is to strike the application from the roll because the character of such order does not involve a merits determination
Supports: plain_summary sentence 2 and the court's outcome