Good Future Trading & Projects 264 v Scooters Pizza (Pty) Ltd (60085/2014) [2019] ZAGPPHC 166 (31 May 2019)

Good Future Trading & Projects 264 v Scooters Pizza (Pty) Ltd (60085/2014) [2019] ZAGPPHC 166 (31 May 2019)

The court considered the grounds of appeal and arguments presented, finding that the issues raised were adequately addressed in the original judgment. Applying the heightened threshold under section 17(1) of the Superior Courts Act and relevant case law, the court concluded that there are reasonable prospects of success on appeal. Accordingly, leave to appeal to the full bench of the division was granted, with costs of the application to be costs in the appeal.

Citation
[2019] ZAGPPHC 166
Parties
Respondent: Good Future Trading & Projects 264; Applicant: Scooters Pizza (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 May 2019
Case Number
60085/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Full Bench
Outcome
Leave to appeal to the full bench of the division is granted; costs of the application are to be costs in the appeal.
Judges
SA Thobane
Legal Topics
Leave to Appeal Test, Franchise Agreement, Fraudulent Misrepresentation, Pre Contractual Representations
Civil Procedure Commercial and Corporate Leave to Appeal Test Franchise Agreement Fraudulent Misrepresentation Pre Contractual Representations

Case Brief

Summary, issues, holding and outcome

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Parties

Good Future Trading & Projects 264

Respondent

Scooters Pizza (Pty) Ltd

Applicant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Full Bench

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the judgment and order handed down on 16 February 2018.
  2. 2 Whether the terms of the franchise agreement exclude the plaintiff's entitlement to rely on pre-contractual representations unless made fraudulently.
  3. 3 Whether the plaintiff discharged the onus of proving fraudulent misrepresentation prior to entering into the agreement.

Ratio Decidendi

The court considered the grounds of appeal and arguments presented, finding that the issues raised were adequately addressed in the original judgment. Applying the heightened threshold under section 17(1) of the Superior Courts Act and relevant case law, the court concluded that there are reasonable prospects of success on appeal. Accordingly, leave to appeal to the full bench of the division was granted, with costs of the application to be costs in the appeal.

Court Disposition

Leave to appeal to the full bench of the division is granted; costs of the application are to be costs in the appeal.

Orders

  • Leave is granted to appeal to the full bench of this division.
  • The costs of the application are to be costs in the appeal.