Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294) [2023] ZAGPJHC 1358 (15 November 2023)

Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294) [2023] ZAGPJHC 1358 (15 November 2023)

The application for leave to appeal is dismissed because the particulars of claim do not plead the necessary knowledge or negligence required for a statutory or Aquilian claim. The first plaintiff has not pleaded any reliance on section 16 of the National Gambling Act, nor shown how it provides a remedy. The argument for development of the common law is not supported by pleaded facts. There is no compelling reason for leave to appeal, as the alleged novel issues have not been formulated or pleaded. The appeal would not have reasonable prospects of success.

Citation
[2023] ZAGPJHC 1358
Parties
Plaintiff: Suhail Essack; Plaintiff: Naseera Cassim; Defendant: Sun International South Africa (Pty) Ltd; Defendant: North West Gambling Board; Defendant: National Gambling Board
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 November 2023
Case Number
2020/23294
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following an Upheld Exception
Outcome
Application for leave to appeal dismissed with costs.
Judges
Bester
Legal Topics
Exception to Particulars of Claim, Statutory Duties of Casino Licensees, Aquilian Liability, Development of Common Law, Excluded Persons in Gambling, Leave to Appeal Requirements
Civil Procedure Commercial and Corporate Exception to Particulars of Claim Statutory Duties of Casino Licensees Aquilian Liability Development of Common Law Excluded Persons in Gambling Leave to Appeal Requirements

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Parties

Suhail Essack

Plaintiff

Naseera Cassim

Plaintiff

Sun International South Africa (Pty) Ltd

Defendant

North West Gambling Board

Defendant

National Gambling Board

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following an Upheld Exception

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action based on breach or negligent breach of statutory duties under North West Gambling Regulation 23.
  2. 2 Whether the first plaintiff pleaded the requisite knowledge or negligence on the part of the first defendant.
  3. 3 Whether a claim based on Aquilian liability is properly pleaded and whether the common law should be developed in this context.

Ratio Decidendi

The application for leave to appeal is dismissed because the particulars of claim do not plead the necessary knowledge or negligence required for a statutory or Aquilian claim. The first plaintiff has not pleaded any reliance on section 16 of the National Gambling Act, nor shown how it provides a remedy. The argument for development of the common law is not supported by pleaded facts. There is no compelling reason for leave to appeal, as the alleged novel issues have not been formulated or pleaded. The appeal would not have reasonable prospects of success.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The first plaintiff is ordered to pay the costs of the application.