IMC Academy (Pty) Ltd v The Galleria Conference Centre (Pty) Ltd (10037/2020) [2021] ZAGPJHC 161 (28 May 2021)

IMC Academy (Pty) Ltd v The Galleria Conference Centre (Pty) Ltd (10037/2020) [2021] ZAGPJHC 161 (28 May 2021)

After considering the grounds for leave to appeal, the heads of argument, and oral submissions, the court found that the respondent failed to demonstrate reasonable prospects of success on appeal. The new ground raised by the respondent regarding a dispute of fact was not supported by authority and was not persuasive. The respondent did not invoke its right to request referral to trial or oral evidence at the appropriate time. The court concluded that there were no compelling reasons to grant leave to appeal and that costs should follow the result.

Citation
[2021] ZAGPJHC 161
Parties
Applicant: IMC Academy (Pty) Limited; Respondent: The Galleria Conference Centre (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2021
Case Number
10037/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Costs Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
H S Coetzee
Legal Topics
Leave to Appeal, Dispute of Fact, Motion Proceedings, Costs Order
Civil Procedure Leave to Appeal Dispute of Fact Motion Proceedings Costs Order

Case Brief

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Parties

IMC Academy (Pty) Limited

Applicant

The Galleria Conference Centre (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Costs Order

Legal Issues

  1. 1 Whether the respondent has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for granting leave to appeal.
  3. 3 Whether the dispute of fact warranted referral to trial or oral evidence.

Ratio Decidendi

After considering the grounds for leave to appeal, the heads of argument, and oral submissions, the court found that the respondent failed to demonstrate reasonable prospects of success on appeal. The new ground raised by the respondent regarding a dispute of fact was not supported by authority and was not persuasive. The respondent did not invoke its right to request referral to trial or oral evidence at the appropriate time. The court concluded that there were no compelling reasons to grant leave to appeal and that costs should follow the result.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The respondent (appellant) is ordered to pay the applicant's costs.