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South Africa Order

North Gauteng High Court, Pretoria

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

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

Cream We Go (Pty) Ltd

Applicant Counsel: Adv R Raubenheimer

Sonja Boshoff

Applicant Counsel: Adv R Raubenheimer

Paul's Homemade (Pty) Ltd

Respondent Counsel: Adv C Shahim

Arbitration Foundation of Southern Africa

Respondent Counsel: Adv C Shahim

Adv AE Bham SC N.O.

Respondent Counsel: Adv C Shahim

National Consumer Commission

Respondent Counsel: Adv C Shahim

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants submitted that the judgment of 28 August 2024 contains errors of law and fact warranting reconsideration by a higher court. They argued that there are reasonable prospects of success on appeal and that the issues raised are of sufficient importance to merit the attention of the full bench.
Respondent
The respondents contended that the application for leave to appeal lacks merit, as the judgment was correctly decided and no compelling grounds for appeal exist. They further argued that granting leave would unnecessarily prolong the litigation and increase costs.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act 10 of 2013

    Leave to appeal should be granted where there are reasonable prospects that another court may come to a different conclusion.

06

Ratio, limits and disposition

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.

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

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Order

[2025] ZAGPPHC 205

IN THE HIGH COURT OF SOUTH

AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO.: 013187/2022

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHER JUDGES: [N]

(3) REVISED: [N]

(4) Signature: ____

Date: 4/03/25

In the matter between:

CREAM WE GO (PTY)

LTD

First Applicant

SONJA

BOSHOFF

Second Applicant

and

PAUL’S HOMEMADE (PTY)

LTD

First Respondent

ARBITRATION FOUNDATION OF SOUTHERN AFRICA Second Respondent

ADV.

AE BHAM SC N.O.

Third Respondent

NATIONAL

CONSUMER COMMISSION

Fourth Respondent

JUDGMENT

Kumalo J

[1]. This is an application for leave to appeal the judgment of this court handed down on 28 August 2024.

[2]. Having read the application for leave to appeal and heard counsels in the matter, the following order is made:

ORDER

1. Leave to appeal is granted to the full bench of this division; and

2. Costs will be costs in the main leave hearing.

KUMALO MP J

Judge of the High Court of South Africa

Gauteng Division, Pretoria

Counsel for the applicant: Adv R Raubenheimer Instructed by: Tobias Bron Inc Attorneys Counsel for the respondents: Adv C Shahim Instructed by: Swartz Weil Van der Merwe Greenberg Inc

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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