Annandale v Meintjes and Meintjes Rekenmeesters CC and Another

Following the death of the sole member of an accounting practice, Meintjes and Meintjes Rekenmeesters CC, the executor of the estate allowed the deceased’s spouse to continue the practice. An oral agreement was concluded in June 2015 between the applicant, Ms Annandale, an accountant, and the practice regarding the rendering of accounting services. The parties disputed the terms of that agreement: the practice contended that Ms Annandale acted as a subcontractor entitled to one-third of net profits, while Ms Annandale alleged she had taken over the entire practice. After disputes arose concerning income, control of trust accounts, and alleged unpaid profits, the practice sought relief in the High Court, including the appointment of an auditor and repayment of income. The High Court, after hearing oral evidence, accepted the practice’s version and granted the relief sought. An appeal to the full court was dismissed by a majority. Ms Annandale’s petition for special leave to appeal to the Supreme Court of Appeal was refused, whereafter she sought reconsideration of that refusal under s 17(2)(f) of the Superior Courts Act.

The application for reconsideration was struck from the roll, and the applicant was ordered to pay the costs of the application.

The case reaffirms the narrow scope and exceptional nature of the Supreme Court of Appeal’s power to reconsider refusals of special leave to appeal under s 17(2)(f) of the Superior Courts Act. It underscores that personal hardship, adverse credibility findings, or disagreement with factual assessments do not constitute exceptional circumstances, thereby promoting finality in appellate litigation.