Galaxy Bingo Pavilion (Pty) Ltd and Others v Peermont Global KZN (Pty) Ltd and Others (14006/16P) [2018] ZAKZPHC 11 (17 April 2018)

Parties

Procedural Posture

Stay Application / Application for Stay of Proceedings Pending Outcome of Related Litigation

Legal Issues

1. 1 Whether the Peermont review application should be stayed on the basis of lis alibi pendens pending the outcome of related proceedings.
2. 2 Whether Peermont is a party to the pending litigation under case number 1366/15 for the purposes of lis alibi pendens.
3. 3 Whether the withdrawal of the MEC's review application affects the existence of pending litigation relevant to the stay application.

Ratio Decidendi

The application for a stay of the Peermont review is dismissed. The court finds that Peermont is not a party to the MEC's review, as it has not been granted leave to intervene, and therefore the requirement of pending litigation between the same parties for lis alibi pendens is not satisfied. The mere existence of an application to intervene does not make Peermont a party to the suit. Furthermore, the withdrawal of the MEC's review by the Premier and MEC means there is no pending litigation at their instance. Even if the Afrisun review is considered, Peermont is not yet a party to those proceedings. The court also exercises its discretion against granting a stay, noting that the Peermont...

Court Disposition

Application dismissed with costs, including costs of two counsel where so employed.

Orders

• The application is dismissed with costs, to include the costs of two counsel where so employed.