FPT Group (Pty) Ltd v Bottom Line Solutions (Pty) Ltd (18171/2011) [2011] ZAWCHC 409 (12 October 2011)

FPT Group (Pty) Ltd v Bottom Line Solutions (Pty) Ltd (18171/2011) [2011] ZAWCHC 409 (12 October 2011)

The court held that the interim interdict granted previously is not appealable because its effect is not final. The respondent retains the right to approach the court in future for modification or reconsideration of the order should circumstances change, which renders the order interim in substance. The fact that the order may operate for an extended period does not make it final, as no determination was made on the substantive rights in dispute in the arbitration. The application for leave to appeal is therefore dismissed.

Citation
[2011] ZAWCHC 409
Parties
Applicant: FPT Group (Pty) Ltd; Respondent: Bottom Line Solutions (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
12 October 2011
Case Number
18171/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interim Interdict
Outcome
Application for leave to appeal dismissed with costs.
Judges
Gamble
Legal Topics
Interim Interdict, Appealability of Orders, Finality of Orders
Civil Procedure Interim Interdict Appealability of Orders Finality of Orders

Case Brief

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Parties

FPT Group (Pty) Ltd

Applicant

Bottom Line Solutions (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interim Interdict

Legal Issues

  1. 1 Is the interim interdict granted on 16 September 2011 appealable?
  2. 2 Does the order have final effect or is it interim in substance?
  3. 3 Is the application for leave to appeal moot?

Ratio Decidendi

The court held that the interim interdict granted previously is not appealable because its effect is not final. The respondent retains the right to approach the court in future for modification or reconsideration of the order should circumstances change, which renders the order interim in substance. The fact that the order may operate for an extended period does not make it final, as no determination was made on the substantive rights in dispute in the arbitration. The application for leave to appeal is therefore dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.