Chatz Cellular (Pty) Ltd v Celluar Corporate Suite (Pty) Ltd (53330/2019) [2023] ZAGPPHC 1909 (16 November 2023)

Chatz Cellular (Pty) Ltd v Celluar Corporate Suite (Pty) Ltd (53330/2019) [2023] ZAGPPHC 1909 (16 November 2023)

The court found that the application for leave to appeal was moot because the relevant practice directive had changed, and it was no longer a requirement for both parties to serve and file heads of argument before obtaining a hearing date. The respondent had already obtained a hearing date without the applicant's heads of argument, and the respondent would not insist on compelling the applicant to serve heads as it was no longer required. Granting leave to appeal would have no practical effect or result, and the appeal would be an academic exercise. The applicant also failed to demonstrate that the impugned order was dispositive of all issues in the appeal or that exceptional...

Citation
[2023] ZAGPPHC 1909
Parties
Applicant: Chatz Cellular (Pty) Ltd; Respondent: Celluar Corporate Suite (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 November 2023
Case Number
53330/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following an Interlocutory Order Compelling Service and Filing of Heads of Argument.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Noko
Legal Topics
Leave to Appeal, Practice Directives, Heads of Argument, Mootness, Costs Order
Civil Procedure Leave to Appeal Practice Directives Heads of Argument Mootness Costs Order

Case Brief

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Parties

Chatz Cellular (Pty) Ltd

Applicant

Celluar Corporate Suite (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following an Interlocutory Order Compelling Service and Filing of Heads of Argument.

Legal Issues

  1. 1 Whether the application for leave to appeal has any practical effect or result in light of the changed practice directive.
  2. 2 Whether the impugned order is dispositive of all issues in the appeal.
  3. 3 Whether exceptional circumstances exist to justify granting leave to appeal despite mootness.

Ratio Decidendi

The court found that the application for leave to appeal was moot because the relevant practice directive had changed, and it was no longer a requirement for both parties to serve and file heads of argument before obtaining a hearing date. The respondent had already obtained a hearing date without the applicant's heads of argument, and the respondent would not insist on compelling the applicant to serve heads as it was no longer required. Granting leave to appeal would have no practical effect or result, and the appeal would be an academic exercise. The applicant also failed to demonstrate that the impugned order was dispositive of all issues in the appeal or that exceptional...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.