Hard Hat Equipment Hire (Pty) Ltd v K2014137790 (Pty) Ltd TA Rhino Civils and Another (1319/2019) [2024] ZAGPJHC 398 (22 April 2024)
The court found that, after considering the papers and hearing extensive argument, there were no reasonable prospects that another court would reach a different conclusion. Furthermore, there were no compelling reasons to grant leave to appeal. The matter was straightforward, and the application for leave to appeal...
Source-derived case information.
- Citation
- [2024] ZAGPJHC 398
- Parties
- Respondent: Hard Hat Equipment Hire (Pty) Ltd; Defendant: K2014137790 (Pty) Ltd TA Rhino Civils; Applicant: Hector Harold Spark
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 1319/2019
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal or Alternatively to the Full Court of the Gauteng Division.
- Outcome
- Application for leave to appeal dismissed with costs on the A scale.
- Judges
- Vally
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hard Hat Equipment Hire (Pty) Ltd
Respondent
K2014137790 (Pty) Ltd TA Rhino Civils
Defendant
Hector Harold Spark
Applicant
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal or Alternatively to the Full Court of the Gauteng Division.
Legal Issues
- 1 Whether there are reasonable prospects that another court would reach a different conclusion on appeal.
- 2 Whether there are compelling reasons to grant leave to appeal.
- 3 On what scale costs should be awarded for the application.
Ratio Decidendi
The court found that, after considering the papers and hearing extensive argument, there were no reasonable prospects that another court would reach a different conclusion. Furthermore, there were no compelling reasons to grant leave to appeal. The matter was straightforward, and the application for leave to appeal was dismissed with costs awarded on the lowest scale.
Court Disposition
Application for leave to appeal dismissed with costs on the A scale.
Orders
- The application for leave to appeal is dismissed.
- Costs are awarded against the applicant on the A scale.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
1. Reportable: No
2. Of Interest to other Judges: No
22 April 2024
Case Number: 1319/2019
In the matter between:
HARD HAT EQUIPMENT HIRE (PTY) LTD RESPONDENT/PLAINTIFF
AND
K2014137790 (PTY) LTD T/A RHINO CIVILS FIRST DEFENDENT
HECTOR HAROLD SPARK
APPLICAN/SECOND DEFENDENT
LEAVE TO APPEAL: JUDGMENT
Vally J
This is an application for leave to appeal to the Supreme Court of Appeal (SCA), alternatively to the full court of the Gauteng Division of the High Court, against a judgment and order I issued on 12 March 2024.
Having read the papers and having extensively debated the grounds of appeal with the applicant I have come to the conclusion that there is no prospect that another court would come to a different conclusion. At the same time, I am of the view that there are no compelling reasons to grant leave to appeal to another court.
The matter is a very simple one. Costs should be awarded on the lowest scale.
Accordingly, the following order is made:
a. Application for leave to appeal is dismissed with costs on the A scale
Gauteng High Court, Johannesburg
Date of hearing: 22 April 2024
Date of judgment: 22 April 2024
For the applicant: A Bester SC
Instructed by: Fairbridges Wertheim Becker
For the respondents: J van Rooyen
Instructed by: Donn E Bruwer Attorneys