Chetty v Italtile Ceramics Ltd (34660/2009) [2011] ZAGPPHC 183 (23 September 2011)

Chetty v Italtile Ceramics Ltd (34660/2009) [2011] ZAGPPHC 183 (23 September 2011)

The court, after considering the judgment, the grounds of appeal, and oral submissions, finds that there are reasonable prospects that another court may reach a different conclusion. The cause of action and the legal question involved are largely unexplored and merit the attention of the Supreme Court of Appeal. Accordingly, leave to appeal is granted.

Citation
[2011] ZAGPPHC 183
Parties
Applicant: Dhayalan Chockanathan Chetty; Respondent: Italtile Ceramics Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 September 2011
Case Number
34660/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Leave to appeal is granted to the Supreme Court of Appeal against the whole judgment and orders delivered on 13 July 2011.
Judges
MN Makgoka
Legal Topics
Leave to Appeal, Reasonable Prospects of Success
Civil Procedure Leave to Appeal Reasonable 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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Dhayalan Chockanathan Chetty

Applicant

Italtile Ceramics Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may reach a different conclusion.
  2. 2 Whether leave to appeal should be granted to the Supreme Court of Appeal.

Ratio Decidendi

The court, after considering the judgment, the grounds of appeal, and oral submissions, finds that there are reasonable prospects that another court may reach a different conclusion. The cause of action and the legal question involved are largely unexplored and merit the attention of the Supreme Court of Appeal. Accordingly, leave to appeal is granted.

Court Disposition

Leave to appeal is granted to the Supreme Court of Appeal against the whole judgment and orders delivered on 13 July 2011.

Orders

  • The applicant is granted leave to appeal to the Supreme Court of Appeal against the whole judgment and orders of this court delivered on 13 July 2011.
  • Costs of this application are costs in the appeal.