Empire Crossing Development (Pty) Ltd and Another v Minister of Energy and Others (Leave to Appeal) (71333/2018) [2022] ZAGPPHC 674 (13 September 2022)

Empire Crossing Development (Pty) Ltd and Another v Minister of Energy and Others (Leave to Appeal) (71333/2018) [2022] ZAGPPHC 674 (13 September 2022)

The Court considered the grounds of appeal raised by the applicants and the arguments presented by both sides. It found that, upon review, there are reasonable prospects of success on appeal. Therefore, leave to appeal the whole judgment and order of 21 July 2022 is granted to the first and second applicants to the Full Court of this Division. Costs of the application are to be costs in the appeal.

Citation
[2022] ZAGPPHC 674
Parties
Applicant: Empire Crossing Development (Pty) Ltd; Applicant: Texicam Investments (Pty) Ltd; Respondent: Minister of Energy; Respondent: Controller of Petroleum Products; Respondent: Tom Campher Motors; Respondent: Engen Empire Crossing
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 September 2022
Case Number
71333/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Outcome
Leave to appeal granted to the Full Court of the Division. Costs of the application are costs in the appeal.
Judges
E M Kubushi
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Superior Courts Act Section 17
Civil Procedure Leave to Appeal Reasonable Prospects of Success Superior Courts Act Section 17

Case Brief

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Parties

Empire Crossing Development (Pty) Ltd

Applicant

Texicam Investments (Pty) Ltd

Applicant

Minister of Energy

Respondent

Controller of Petroleum Products

Respondent

Tom Campher Motors

Respondent

Engen Empire Crossing

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application

Legal Issues

  1. 1 Whether the applicants have demonstrated reasonable prospects of success on appeal against the judgment and order of 21 July 2022.
  2. 2 Whether leave to appeal should be granted to the Full Court of the Division.

Ratio Decidendi

The Court considered the grounds of appeal raised by the applicants and the arguments presented by both sides. It found that, upon review, there are reasonable prospects of success on appeal. Therefore, leave to appeal the whole judgment and order of 21 July 2022 is granted to the first and second applicants to the Full Court of this Division. Costs of the application are to be costs in the appeal.

Court Disposition

Leave to appeal granted to the Full Court of the Division. Costs of the application are costs in the appeal.

Orders

  • Leave to appeal the whole judgment and order of this Court dated 21 July 2022 to the Full Court of this Division is granted to the First and Second Applicants.
  • Costs of this application are costs in the appeal.