Christo Strydom Nutrition v Univeristy of The Free State (LTA 2433/2019) [2022] ZAFSHC 293 (1 November 2022)

Christo Strydom Nutrition v Univeristy of The Free State (LTA 2433/2019) [2022] ZAFSHC 293 (1 November 2022)

The court found that the order made on 18 July 2022 regarding both defences is final in effect and appealable. The interests of justice require that leave to appeal be granted on the findings related to both defences to avoid piecemeal adjudication and disturbance of the administration of justice. Both parties agreed that the nature of the matter justifies granting leave to appeal to the Full Bench of the High Court. Costs should follow the outcome of the appeal.

Citation
[2022] ZAFSHC 293
Parties
Applicant: Christo Strydom Nutrition; Respondent: University of the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 November 2022
Case Number
LTA 2433/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order Dated 18 July 2022
Outcome
Leave to appeal is granted against the judgment and order dated 18 July 2022, including findings related to both defences, to the Full Bench of this Division. Costs to be in the appeal.
Judges
Opperman
Legal Topics
Exception Procedure, Finality of Orders, Leave to Appeal, Costs Award
Civil Procedure Exception Procedure Finality of Orders Leave to Appeal Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Christo Strydom Nutrition

Applicant

University of the Free State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order Dated 18 July 2022

Legal Issues

  1. 1 Whether the order made on 18 July 2022 regarding both defences is final and appealable.
  2. 2 Whether leave to appeal should be granted in respect of both defences.
  3. 3 Whether costs should follow the outcome of the appeal.

Ratio Decidendi

The court found that the order made on 18 July 2022 regarding both defences is final in effect and appealable. The interests of justice require that leave to appeal be granted on the findings related to both defences to avoid piecemeal adjudication and disturbance of the administration of justice. Both parties agreed that the nature of the matter justifies granting leave to appeal to the Full Bench of the High Court. Costs should follow the outcome of the appeal.

Court Disposition

Leave to appeal is granted against the judgment and order dated 18 July 2022, including findings related to both defences, to the Full Bench of this Division. Costs to be in the appeal.

Orders

  • Leave to appeal is granted against the judgment and order dated 18 July 2022, including findings related to both defences, to the Full Bench of this Division.
  • Costs to be in the appeal.