Gordan v Pindulo VDM (Pty) Limited (JS1050/19) [2021] ZALCJHB 287 (23 September 2021)
- Citation
- [2021] ZALCJHB 287
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- G N Moshoana
- Case number
- JS1050/19
More details
- Court
- Labour Court Johannesburg
- Panel
- G N Moshoana
- Case number
- JS1050/19
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that, after considering the grounds for leave to appeal, the application did not disclose reasonable prospects of success. The judge was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was refused.
Court disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
- There is no order as to costs.
02
Material facts
Parties
Craig Gordan
ApplicantPindulo VDM PTY Limited
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
Whether the application for leave to appeal has reasonable prospects of success.
Party arguments
- Applicant
- The applicant contended that the judgment handed down on 04 August 2021 was incorrect and sought leave to appeal on the grounds that there were reasonable prospects of success on appeal.
- Respondent
- The respondent opposed the application, arguing that the grounds advanced by the applicant did not demonstrate any reasonable prospects of success and that the judgment was correctly decided.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act, 10 of 2013
Leave to appeal will only be granted where there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court found that, after considering the grounds for leave to appeal, the application did not disclose reasonable prospects of success. The judge was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was refused.
Court disposition
Application for leave to appeal refused.
- The application for leave to appeal is refused.
- There is no order as to costs.
Source and reliance status
Labour Court Johannesburg
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Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: JS 1050/19
In the matter between:
CRAIG GORDAN Applicant
and
PINDULO
VDM PTY LIMITED Respondent
Heard: In Chambers
Delivered: 23 September 2021 (This judgment was handed down electronically by distributing copies thereof to the respective parties. The delivery date is deemed to be 23 September 2021).
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment of this court handed down on 04 August 2021.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application lacks reasonable prospects of success.
Order
1. The application for leave to appeal is refused.
2. There is no order as to costs.
G. N. Moshoana
Judge of the Labour Court of South Africa
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