Cellular Insurance Managers (Pty) Ltd v Foshini Retail Group (Pty) Ltd (12262/07) [2010] ZAWCHC 159 (14 June 2010)

Cellular Insurance Managers (Pty) Ltd v Foshini Retail Group (Pty) Ltd (12262/07) [2010] ZAWCHC 159 (14 June 2010)

The court found that the applicant failed to demonstrate reasonable prospects of success regarding the statutory defence under Section 48 of the Short Term Insurance Act. However, the court acknowledged that another court might reasonably reach a different conclusion on the contractual claim, and therefore granted leave to appeal on that issue. The matter was deemed to merit the attention of the Supreme Court of Appeal.

Citation
[2010] ZAWCHC 159
Parties
Applicant: Cellular Insurance Managers (Pty) Limited; Respondent: Foshini Retail Group (Pty) Limited
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
14 June 2010
Case Number
12262/07
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 11 May 2010.
Outcome
Leave to appeal granted to the Supreme Court of Appeal on the contractual claim; costs to be costs in the appeal.
Judges
Fourie
Legal Topics
Leave to Appeal, Contractual Claim, Short Term Insurance Act, Prospects of Success
Civil Procedure Commercial and Corporate Leave to Appeal Contractual Claim Short Term Insurance Act Prospects of Success

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Cellular Insurance Managers (Pty) Limited

Applicant

Foshini Retail Group (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 11 May 2010.

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted regarding the contractual claim decided in favour of the respondent.
  3. 3 Whether the defence based on Section 48 of the Short Term Insurance Act, No. 5 of 1998, warrants reconsideration by another court.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success regarding the statutory defence under Section 48 of the Short Term Insurance Act. However, the court acknowledged that another court might reasonably reach a different conclusion on the contractual claim, and therefore granted leave to appeal on that issue. The matter was deemed to merit the attention of the Supreme Court of Appeal.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal on the contractual claim; costs to be costs in the appeal.

Orders

  • The applicant is granted leave to appeal to the Supreme Court of Appeal against the judgment and orders made on 11 May 2010, on the grounds set forth in paragraphs 8 to 23 of its notice of application for leave to appeal dated 20 May 2010.
  • The costs of the application for leave to appeal will be costs in the appeal.