Cream We Go (Pty) Ltd and Another v Paul's Homemade (Pty) Ltd and Others (013187/2022) [2025] ZAGPPHC 205 (4 March 2025)

Cream We Go (Pty) Ltd and Another v Paul's Homemade (Pty) Ltd and Others (013187/2022) [2025] ZAGPPHC 205 (4 March 2025)

The court found that the applicants raised issues that warrant consideration by a higher court and that there are reasonable prospects of success on appeal. Accordingly, leave to appeal is granted to the full bench of this division. Costs are reserved for determination in the main leave hearing.

Citation
[2025] ZAGPPHC 205
Parties
Applicant: Cream We Go (Pty) Ltd; Applicant: Sonja Boshoff; Respondent: Paul's Homemade (Pty) Ltd; Respondent: Arbitration Foundation of Southern Africa; Respondent: Adv AE Bham SC N.O.; Respondent: National Consumer Commission
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 March 2025
Case Number
013187/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the full bench; costs reserved for the main leave hearing.
Judges
Kumalo
Legal Topics
Leave to Appeal, Costs in the Cause
Civil Procedure Leave to Appeal Costs in the Cause

Case Brief

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Parties

Cream We Go (Pty) Ltd

Applicant

Sonja Boshoff

Applicant

Paul's Homemade (Pty) Ltd

Respondent

Arbitration Foundation of Southern Africa

Respondent

Adv AE Bham SC N.O.

Respondent

National Consumer Commission

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment handed down on 28 August 2024.
  2. 2 Whether costs should be reserved for the main leave hearing.

Ratio Decidendi

The court found that the applicants raised issues that warrant consideration by a higher court and that there are reasonable prospects of success on appeal. Accordingly, leave to appeal is granted to the full bench of this division. Costs are reserved for determination in the main leave hearing.

Court Disposition

Leave to appeal granted to the full bench; costs reserved for the main leave hearing.

Orders

  • Leave to appeal is granted to the full bench of this division.
  • Costs will be costs in the main leave hearing.