Blackboard Media (Pty) Ltd and Others v Municipality of the City of Cape Town (23056/09) [2010] ZAWCHC 190; ; [2010] 4 All SA 197 (WCC) (13 August 2010)

Blackboard Media (Pty) Ltd and Others v Municipality of the City of Cape Town (23056/09) [2010] ZAWCHC 190; ; [2010] 4 All SA 197 (WCC) (13 August 2010)

The court found that any order made on appeal would have no practical effect or result, as the relief sought pertained to advertising opportunities during the 2010 Fifa World Cup, which had already concluded. There were no exceptional circumstances regarding costs that would justify granting leave to appeal on that basis. Furthermore, the court determined that there was no reasonable prospect that another court would reach a different conclusion on the issues previously decided. Accordingly, the application for leave to appeal was dismissed with costs, including the costs of two counsel.

Citation
[2010] ZAWCHC 190
Parties
Applicant: Blackboard Media (Pty) Ltd; Applicant: Tractor Outdoor (Pty) Ltd; Applicant: CK Outdoor Advertising (Pty) Ltd; Respondent: Municipality of the City of Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
13 August 2010
Case Number
23056/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
Fourie
Legal Topics
Leave to Appeal, Practical Effect, Costs Award
Civil Procedure Leave to Appeal Practical Effect Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Blackboard Media (Pty) Ltd

Applicant

Tractor Outdoor (Pty) Ltd

Applicant

CK Outdoor Advertising (Pty) Ltd

Applicant

Municipality of the City of Cape Town

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicants have a reasonable prospect of success on appeal.
  2. 2 Whether any order made on appeal would have a practical effect or result.
  3. 3 Whether exceptional circumstances exist to justify an appeal on costs only.

Ratio Decidendi

The court found that any order made on appeal would have no practical effect or result, as the relief sought pertained to advertising opportunities during the 2010 Fifa World Cup, which had already concluded. There were no exceptional circumstances regarding costs that would justify granting leave to appeal on that basis. Furthermore, the court determined that there was no reasonable prospect that another court would reach a different conclusion on the issues previously decided. Accordingly, the application for leave to appeal was dismissed with costs, including the costs of two counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application, including the costs of two counsel.