Archiways Skye (PTY) Ltd v South African National Roads Agency (5302/2021P) [2023] ZAKZPHC 5 (26 January 2023)

Archiways Skye (PTY) Ltd v South African National Roads Agency (5302/2021P) [2023] ZAKZPHC 5 (26 January 2023)

The court found that the deletion of clause 3 in the lease agreement did not affect the material terms of the contract, as the subject matter of the tender remained unchanged. The applicant's criticism regarding the commencement date and the deletion of clause 3 was addressed in the original judgment, and the court held that vacant possession was given to the applicant. The decision in Firechem Free State did not assist the applicant, as the facts were distinguishable. After considering all submissions, the court concluded that there were no reasonable prospects of another court arriving at a different conclusion, and therefore, leave to appeal was refused.

Citation
[2023] ZAKZPHC 5
Parties
Applicant: Archiways Skye (PTY) Ltd; Respondent: South African National Roads Agency SOC Limited; Third Party: Camry Trading Enterprises (PTY) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
26 January 2023
Case Number
5302/2021P
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal refused with costs, including costs of senior counsel where applicable.
Judges
P C Bezuidenhout
Legal Topics
Contractual Tender Dispute, Leave to Appeal, Reasonable Prospects of Success, Lease Agreement Interpretation
Commercial and Corporate Civil Procedure Contractual Tender Dispute Leave to Appeal Reasonable Prospects of Success Lease Agreement Interpretation

Case Brief

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Parties

Archiways Skye (PTY) Ltd

Applicant

South African National Roads Agency SOC Limited

Respondent

Camry Trading Enterprises (PTY) Ltd

Third Party

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the deletion of clause 3 in the lease agreement materially affected the contract and the applicant's rights.
  2. 2 Whether the wrong contract was relied upon in the original judgment, warranting leave to appeal.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the deletion of clause 3 in the lease agreement did not affect the material terms of the contract, as the subject matter of the tender remained unchanged. The applicant's criticism regarding the commencement date and the deletion of clause 3 was addressed in the original judgment, and the court held that vacant possession was given to the applicant. The decision in Firechem Free State did not assist the applicant, as the facts were distinguishable. After considering all submissions, the court concluded that there were no reasonable prospects of another court arriving at a different conclusion, and therefore, leave to appeal was refused.

Court Disposition

Application for leave to appeal refused with costs, including costs of senior counsel where applicable.

Orders

  • The application for leave to appeal is refused.
  • Costs are awarded against the applicant, including costs of senior counsel where applicable.