Laat Waai Slaghuis (Pty) Ltd v Dinner With Me (Pty) Ltd (10175/2020) [2021] ZAGPPHC 175 (9 March 2021)

IN

THE HIGH

COURT OF SOUTH

AFRICA

GAUTENG DIVISION, PRETORIA

CASE NO: 10175/2020

NOT

REPORTABLE

NOT

OF INTEREST TO OTHER JUDGES

NOT

REVISED

In the matter between:

LAAT WAAI SLAGHUIS (PTY)

LTD

Applicant

(Reg No. 2013/199774/07)

And

DINNER WITH ME (PTY) LTD

Respondent

(Reg No. 2016/182424/07)

JUDGMENT l.R.O LEAVE

TO APPEAL

MOTHA AJ

1. This is an application for leave to appeal my judgment handed down on 18 January 2021. The Application is premised on the reasons set out in the notice of motion for leave to appeal. It would be idle of me to repeat them. The Applicant's Counsel contended that there is a likelihood that a different Court will come to a different conclusion. The Respondent's Counsel submitted that this Application is without merit as there is a bonafide dispute of fact.

2. Having listened to the arguments presented by both Counsels and upon due consideration of the issues raised in the grounds for leave to appeal, I came to the conclusion that there are reasonable prospects that another Court might come to a different decision to that reached by this Court.

Conclusion

3. In the result I make the following order:

1. The Application for leave to appeal is granted to the full bench of this Division.

2. Costs in the cause.

MOTHA

J

ACTING

JUDGE OF THE

HIGH COURT

GAUTENG DIVISION OF THE HIGH COURT,

PRETORIA

Date of hearing: 04 March 2021

Date of judgment: 09 March 2021

Delivered: This judgement was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the parties/their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date for hand-down is deemed to be 09 March 2021.

Appearances:

For the Applicant: Adv N G Louw

(Instructed by Strydom & Bredenkamp Inc.)

For the Respondent: Adv. M. Joubert

(Instructed by Ettiene Loots Attorneys)