Indwe Aviation (Pty) Ltd v Petroleum Oil and Gas Corporation of South Africa (Pty) Ltd t/a Petro SA and Another (4610/2011) [2011] ZAWCHC 346 (19 April 2011)
The court found that there is a reasonable prospect that another court might reach a different finding on the merits of the case. Accordingly, leave to appeal to the Supreme Court of Appeal against the whole judgment was granted. Costs were ordered to be costs in the appeal.
Source-derived case information.
- Citation
- [2011] ZAWCHC 346
- Parties
- Applicant: Indwe Aviation (Pty) Ltd; Respondent: Petroleum Oil and Gas Corporation of South Africa (Pty) Ltd t/a Petro SA; Respondent: The Minister of Defence
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 4610/2011
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal to the Supreme Court of Appeal is granted against the whole judgment. Costs will be costs in the appeal.
- Judges
- Baartman
- Legal Topics
- Leave to Appeal, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Indwe Aviation (Pty) Ltd
Applicant
Petroleum Oil and Gas Corporation of South Africa (Pty) Ltd t/a Petro SA
Respondent
The Minister of Defence
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether there is a reasonable prospect that another court might reach a different conclusion on the merits of the case.
- 2 Whether leave to appeal should be granted against the whole judgment.
Ratio Decidendi
The court found that there is a reasonable prospect that another court might reach a different finding on the merits of the case. Accordingly, leave to appeal to the Supreme Court of Appeal against the whole judgment was granted. Costs were ordered to be costs in the appeal.
Court Disposition
Leave to appeal to the Supreme Court of Appeal is granted against the whole judgment. Costs will be costs in the appeal.
Orders
- Leave to appeal to the Supreme Court of Appeal against the whole judgment dated 4 February 2010 is granted.
- Costs to be costs in the appeal.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN)
On Tuesday, 19 April 2011 at Cape Town Before the Honourable Ms. Justice Baartman
Case No.: 4610/2011
In the matter between:
INDWE AVIATION (PTY) LTD …....................................................................Applicant
and
PETROLEUM OIL AND GAS CORPORATION OF
SOUTH AFRICA (PTY) LTD (trading as "Petro SA") …........................First Respondent
THE MINISTER OF DEFENCE …......................................................Second Respondent
JUDGMENT
BAARTMAN, J
I have considered the application and am of the view that there is a reasonable prospect that another court might come to a different finding. Therefore I make the following order:
[1] The Appellant is granted leave to appeal to the Supreme Court of Appeal against the whole judgment, dated 4 February 2010, in the matter of Indwe Aviation (Pty) Limited vs Petroleum Oil and Gas Corporation of South Africa.
[2] Costs to be costs in the appeal.
BAARTMAN, J