Gomwe and Tofield v Pick N Pay [2022] ZAGPJHC 729 (18 August 2022)

Gomwe and Tofield v Pick N Pay [2022] ZAGPJHC 729 (18 August 2022)

The court held that the interlocutory order regarding discovery was not dispositive or substantially dispositive of the main matter. The established principles regarding the appealability of interlocutory orders, as set out in Zweni, remain applicable, and the Constitutional Court in Tshwane City v AfriForum only qualified these principles by introducing the interests of justice test. In this case, the interests of justice would not be served by granting leave to appeal, as the issue was purely technical and related only to the listing of documents. There was no reasonable prospect that another court would come to a different decision.

Citation
[2022] ZAGPJHC 729
Parties
Applicant: Gomwe and Tofield; Respondent: Pick N Pay
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 August 2022
Case Number
44832/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order on Discovery
Outcome
Leave to appeal is dismissed with costs.
Judges
Wepener
Legal Topics
Appealability of Interlocutory Orders, Interest of Justice, Discovery Procedure
Civil Procedure Appealability of Interlocutory Orders Interest of Justice Discovery Procedure

Case Brief

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Parties

Gomwe and Tofield

Applicant

Pick N Pay

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interlocutory Order on Discovery

Legal Issues

  1. 1 Whether the interlocutory order regarding discovery is appealable.
  2. 2 Whether granting leave to appeal would serve the interests of justice.

Ratio Decidendi

The court held that the interlocutory order regarding discovery was not dispositive or substantially dispositive of the main matter. The established principles regarding the appealability of interlocutory orders, as set out in Zweni, remain applicable, and the Constitutional Court in Tshwane City v AfriForum only qualified these principles by introducing the interests of justice test. In this case, the interests of justice would not be served by granting leave to appeal, as the issue was purely technical and related only to the listing of documents. There was no reasonable prospect that another court would come to a different decision.

Court Disposition

Leave to appeal is dismissed with costs.

Orders

  • Leave to appeal is dismissed.
  • The applicant is ordered to pay the costs.