Isago at N12 Development (Pty) Ltd v PKX Capital (Pty) Ltd (87615/2019) [2022] ZAGPPHC 954 (9 December 2022)

Isago at N12 Development (Pty) Ltd v PKX Capital (Pty) Ltd (87615/2019) [2022] ZAGPPHC 954 (9 December 2022)

The court held that the order granting leave to amend the particulars of claim was interlocutory in nature, lacking finality or definitive effect, and therefore not appealable. The amendment did not dispose of any substantive issue in the main action, and any prejudice alleged by Isago was not substantiated or incapable of remedy by costs. The court found no reasonable prospects of success for the appeal, no compelling reason or public interest element warranting leave, and no interests of justice implicated. The grounds advanced by Isago were either subjective, repetitive, or could be raised in the main action. Granting leave would result in undesirable piece-meal appeals, which the...

Citation
[2022] ZAGPPHC 954
Parties
Applicant: Isago at N12 Development (Pty) Ltd; Respondent: PKX Capital (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 December 2022
Case Number
87615/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Interlocutory Order Permitting Amendment of Particulars of Claim During Trial.
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel (one senior).
Judges
Khashane La M. Manamela
Legal Topics
Leave to Amend Pleadings, Interlocutory Orders, Appealability, Reasonable Prospects of Success, Interests of Justice
Civil Procedure Leave to Amend Pleadings Interlocutory Orders Appealability Reasonable Prospects of Success Interests of Justice

Case Brief

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Parties

Isago at N12 Development (Pty) Ltd

Applicant

PKX Capital (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Interlocutory Order Permitting Amendment of Particulars of Claim During Trial.

Legal Issues

  1. 1 Whether the order granting leave to amend particulars of claim is appealable.
  2. 2 Whether the proposed amendment introduced a triable issue.
  3. 3 Whether the applicant carried the onus regarding aspects of the objection to amendment.

Ratio Decidendi

The court held that the order granting leave to amend the particulars of claim was interlocutory in nature, lacking finality or definitive effect, and therefore not appealable. The amendment did not dispose of any substantive issue in the main action, and any prejudice alleged by Isago was not substantiated or incapable of remedy by costs. The court found no reasonable prospects of success for the appeal, no compelling reason or public interest element warranting leave, and no interests of justice implicated. The grounds advanced by Isago were either subjective, repetitive, or could be raised in the main action. Granting leave would result in undesirable piece-meal appeals, which the...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel (one senior).

Orders

  • The applicant's application for leave to appeal is dismissed with costs, including costs consequent to the employment of two counsel, one of whom is senior counsel.