Elite Plumbing and Industrial Solutions (Pty) Ltd v Casper Le Roux Inc Attorneys and Another (2022/14821) [2023] ZAGPJHC 471 (12 May 2023)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. After considering the submissions and the record, the judge concluded that the judgment was correct and that no compelling reasons exist for the appeal to be heard. Accordingly, the application for leave to appeal was...
Source-derived case information.
- Citation
- [2023] ZAGPJHC 471
- Parties
- Applicant: Elite Plumbing and Industrial Solutions (Pty) Ltd; Respondent: Casper Le Roux Inc Attorneys; Respondent: Jadel Development (Pty) Ltd
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 2022/14821
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Hopkins
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elite Plumbing and Industrial Solutions (Pty) Ltd
Applicant
Casper Le Roux Inc Attorneys
Respondent
Jadel Development (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
- 2 Whether there are compelling reasons for the appeal to be heard.
Ratio Decidendi
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. After considering the submissions and the record, the judge concluded that the judgment was correct and that no compelling reasons exist for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
Case No. 2022/14821
In the matter between:
ELITE PLUMBING AND INDUSTRIAL SOLUTIONS (PTY) LTD Applicant And CASPER LE ROUX INC ATTORNEYS First Respondent JADEL DEVELOPMENT (PTY) LTD Second Respondent
NEUTRAL CITATION: Elite Plumbing vs Casper Le Roux Inc (Case No: 14821/2022) [2023] ZAGP JHC 471 (12 May 2023)
JUDGMENT IN THE APPLICATION FOR LEAVE TO APPEAL
DELIVERED: This judgment was handed down electronically by circulation to the parties’ legal representatives by e mail and publication on CaseLines. The date and time for hand-down is deemed to be 16h00 on 12 May 2023.
HOPKINS AJ
After carefully considering the application for leave to appeal and listening to counsels’ arguments in the application itself, I am of the considered view that an appeal would have no reasonable prospects of success. I am also of the view that there are no compelling reasons why the appeal should be heard.
In the circumstances, I make the following order:
1. The application for leave to appeal is dismissed with costs.
HOPKINS AJ
ACTING JUDGE OF THE HIGH COURT
GAUTENG LOCAL DIVISION, JOHANNESBURG
Date of Hearing: 05 May 2023
Date of Judgement: 12 May 2023
Appearances:
For the applicants: Adv. Terence Ossin Instructed by: Casper le Roux Inc. Johannesburg For the respondent: Ms. Riekie Erasmus Instructed by: Riekie Erasmus Attorneys Johannesburg