Cronshaw and Another v Coin Security Group (Pty) Ltd (410/94) [1996] ZASCA 38; 1996 (3) SA 686 (SCA); [1996] 2 All SA 435 (A); (28 March 1996)

Cronshaw and Another v Coin Security Group (Pty) Ltd (410/94) [1996] ZASCA 38; 1996 (3) SA 686 (SCA); [1996] 2 All SA 435 (A); (28 March 1996)

The Supreme Court of Appeal held that the grant of an interim interdict is not appealable unless it disposes of an issue in the main action or irreparably anticipates or precludes relief that would be given at the hearing. The fact that leave to appeal was granted does not affect the appealability of the interim order. The Court found that African Wanderers Football Club (Pty) Ltd v Wanderers Football Club is binding and directly applicable, and the attempt to distinguish it was rejected. The prejudice suffered by the subject of an interim interdict does not render the order final or appealable, as such harm is considered in the balance of convenience by the court of first instance....

Citation
[1996] ZASCA 38
Parties
Appellant: William Graham Cronshaw; Appellant: Fidelity Guards Holdings (Pty) Ltd; Respondent: Coin Security Group (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 March 1996
Case Number
410/94
Procedural Posture
Civil Appeal / Appeal Against Interim Interdicts; Appeal Struck From Roll
Outcome
Appeal struck from the roll with costs.
Judges
E M Grosskopf, F H Grosskopf, Harms, Schutz, Plewman
Legal Topics
Interim Interdict, Appealability of Orders, Restraint of Trade
Civil Procedure Commercial and Corporate Interim Interdict Appealability of Orders Restraint of Trade

Case Brief

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Parties

William Graham Cronshaw

Appellant

Fidelity Guards Holdings (Pty) Ltd

Appellant

Coin Security Group (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Interdicts; Appeal Struck From Roll

Legal Issues

  1. 1 Is the grant of an interim interdict appealable?
  2. 2 Does the fact that leave to appeal was granted affect the appealability of the interim order?
  3. 3 Can African Wanderers Football Club (Pty) Ltd v Wanderers Football Club be distinguished from the present case?

Ratio Decidendi

The Supreme Court of Appeal held that the grant of an interim interdict is not appealable unless it disposes of an issue in the main action or irreparably anticipates or precludes relief that would be given at the hearing. The fact that leave to appeal was granted does not affect the appealability of the interim order. The Court found that African Wanderers Football Club (Pty) Ltd v Wanderers Football Club is binding and directly applicable, and the attempt to distinguish it was rejected. The prejudice suffered by the subject of an interim interdict does not render the order final or appealable, as such harm is considered in the balance of convenience by the court of first instance....

Court Disposition

Appeal struck from the roll with costs.

Orders

  • The appeal is struck from the roll.
  • The appellants are ordered to pay the costs.