Afri Group Investments (Pty) Ltd v Marine 3 Technologies Holdings (Pty) Ltd and Another (13406/2010) [2013] ZAGPPHC 512 (16 October 2013)
The court found that the point raised in the application for leave to appeal had already been addressed in the previous judgment. Upon consideration, the judge was satisfied that there were no reasonable prospects that another court would reach a different conclusion. Therefore, leave to appeal was refused.
Source-derived case information.
- Citation
- [2013] ZAGPPHC 512
- Parties
- Applicant: Afri Group Investments (Pty) Ltd; Respondent: Marine 3 Technologies Holdings (Pty) Ltd; Respondent: The Taxing Master
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 13406/2010
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- M.L. Phatudi
- Legal Topics
- Leave to Appeal, Costs Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
Afri Group Investments (Pty) Ltd
Applicant
Marine 3 Technologies Holdings (Pty) Ltd
Respondent
The Taxing Master
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Legal Issues
- 1 Whether leave to appeal should be granted against the previous judgment.
- 2 Whether there is a reasonable prospect that another court would come to a different conclusion.
Ratio Decidendi
The court found that the point raised in the application for leave to appeal had already been addressed in the previous judgment. Upon consideration, the judge was satisfied that there were no reasonable prospects that another court would reach a different conclusion. Therefore, leave to appeal was refused.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
Full Case Text
Judgment text and source record
37 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION,
PRETORIA
Case No: 13406/2010
Date Heard: 16 October 2013
Date of judgment: 16 October 2013
NOT REPORTABLE
In the matter between:
AFRI GROUP INVESTMENTS (PTY) LTD Applicant
and
MARINE 3 TECHNOLOGIES HOLDINGS (PTY) LTD 1st
Respondent
THE TAXING MASTER 2nd
Respondent
IN RE:
MARINE 3 TECHNOLOGIES HOLDINGS (PTY) LTD Applicant
AFRI GROUP INVESTMENTS (PTY) LTD Respondent
JUDGMENT LEAVE TO APPEAL
PHATUDI J:
[1] Having read the application for leave to appeal and having heard counsel for the parties, the point raised has been dealt with in my judgment.. I am not going to repeat myself.
[2] Considering this application and the point raised, I am of the view that no other court will come to a different conclusion.
I thus make the following order.
Order:
1. The application for leave to appeal is dismissed with costs.
A. M.L. Phatudi
Judge of the High Court
On behalf of the Applicant: Philip Coetzer Incorporated
Falcon Crest Office Park Unit 14
42 South Street
Lyttleton
Pretoria
C/O JA Van Zyl Attorneys for Taxation
Adv. L Pretorius
On behalf of the 1st Respondent MT De Bruin Attorneys
P/A DP Du Plessis Incorporatesd
Crystal Park, Block M
249 Basden Avenue
Adv. C. Goosen