First Group Investment Holdings (Pty) Ltd v National Credit Regulator and Another (A32/2023) [2023] ZAGPPHC 1947 (30 November 2023)
The court found that, after considering the order, the reasons in the judgment, and the arguments presented, there were no reasonable prospects that another court would reach a different conclusion. Furthermore, no compelling reasons were advanced to justify granting leave to appeal. Accordingly, the application for...
Source-derived case information.
- Citation
- [2023] ZAGPPHC 1947
- Parties
- Appellant: First Group Investment Holdings (Pty) Ltd; Respondent: National Credit Regulator; Respondent: National Consumer Tribunal
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- A32/2023
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment on Appeal
- Outcome
- Application for leave to appeal refused with costs, including costs of two counsel.
- Judges
- Millar, G Ally
- Legal Topics
- Leave to Appeal, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
First Group Investment Holdings (Pty) Ltd
Appellant
National Credit Regulator
Respondent
National Consumer Tribunal
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Appeal
Legal Issues
- 1 Whether leave to appeal should be granted against the judgment and order handed down on 19 September 2023.
- 2 Whether there are reasonable prospects that another court would come to a different conclusion.
- 3 Whether there are compelling reasons justifying the granting of leave to appeal.
Ratio Decidendi
The court found that, after considering the order, the reasons in the judgment, and the arguments presented, there were no reasonable prospects that another court would reach a different conclusion. Furthermore, no compelling reasons were advanced to justify granting leave to appeal. Accordingly, the application for leave to appeal was refused, and costs were awarded against the applicant, including the costs of two counsel.
Court Disposition
Application for leave to appeal refused with costs, including costs of two counsel.
Orders
- The application for leave to appeal is refused.
- The applicant is ordered to pay the costs of the application, including the costs consequent upon the employment of two counsel.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case No. A32/2023
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED
DATE: 30 November 2023
SIGNATURE:
In the matter between: FIRST GROUP INVESTMENT HOLDINGS (PTY) LTD APPELLANT And NATIONAL CREDIT REGULATOR FIRST RESPONDENT THE NATIONAL CONSUMER TRIBUNAL SECOND RESPONDENT Coram: Millar J et Ally AJ Heard on: 28 November 2023 Delivered: 30 November 2023 - This judgment was handed down electronically by circulation to the parties' representatives by email, by being uploaded to the CaseLines system of the GD and by release to SAFLII. The date and time for hand-down is deemed to be 12H00 on 30 November 2023.
JUDGMENT
THE COURT
[1] This is an application for leave to appeal against a judgment and order handed down on 19 September 2023 in which the appeal of the appellant was upheld. The first respondent now applies for leave to appeal.
[2] We have carefully considered the order granted and the reasons set out in the judgment together with the arguments presented at the hearing of the application for leave to appeal and in the heads of argument filed by all the parties.
[3] We are not persuaded that another court would come to a different conclusion or that there are any other compelling reasons why leave to appeal ought to be granted.
[4] In the circumstances it is ordered:
[4.1] The application for leave to appeal is refused with costs which costs are to include the costs consequent upon the employment of 2 counsel.
A MILLAR
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
I AGREE
G ALLY
ACTING JUDGE OF THE HIGH COURT
HEARD ON: 28 NOVEMBER 2023 JUDGMENT DELIVERED ON: 30 NOVEMBER 2023 COUNSEL FOR THE APPELLANT/RESPONDENT: ADV. G AMM ADV. B EDWARDS INSTRUCTED BY: HSG ATTORNEYS REFERENCE: MR. F DAVIDS COUNSEL FOR THE FIRST RESPONDENT/APPLICANT: ADV. P CARSTENSEN SC ADV. P LONG INSTRUCTED BY: M INC. ATTORNEYS REFERENCE: MR. K KALPOO