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South Africa Ruling

Labour Court Johannesburg

Maharaj v Strate (Pty) Ltd (J1616/19) [2020] ZALCJHB 36 (11 February 2020)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that, after considering the grounds for leave to appeal, there were no reasonable prospects that another court may come to a different conclusion. The applicant failed to satisfy the test for leave to appeal as set out in the relevant legislation. Accordingly, the application for leave to appeal was refused.

Court disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.

02

Material facts

Parties

Ashnee Maharaj

Applicant

Strate (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that the judgment handed down on 10 December 2019 was incorrect and seeks leave to appeal against the whole order and judgment.
Respondent
The respondent maintains that the grounds for leave to appeal are insufficient and that there are no reasonable prospects that another court would reach a different conclusion.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act, 10 of 2013

    Leave to appeal will only be granted if there are reasonable prospects that another court may come to a different conclusion.

06

Ratio, limits and disposition

Ratio decidendi

The court found that, after considering the grounds for leave to appeal, there were no reasonable prospects that another court may come to a different conclusion. The applicant failed to satisfy the test for leave to appeal as set out in the relevant legislation. Accordingly, the application for leave to appeal was refused.

Court disposition

Application for leave to appeal refused.

  • The application for leave to appeal is refused.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Ruling

[2020] ZALCJHB 36

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG.

Not Reportable

case no: J 1616/19

In the matter between:

ASHNEE

MAHARAJ

Applicant

and

STRATE (PTY) LTD Respondent

Heard: In Chambers

Delivered: 11 February 2020

Summary: Application for leave to appeal – Test not satisfied – application refused.

JUDGMENT– LEAVE TO APPEAL

MOSHOANA, J

Introduction

[1] This is an application for leave to appeal against the whole order and judgment of this court handed down on 10 December 2019.

Evaluation

[2] Having considered the grounds for leave to appeal, I come to the conclusion that there are no reasonable prospects that another court may come to a different conclusion.

[3] In the results I make the following order:

Order

1. The application for leave to appeal is hereby refused.

_______

GN Moshoana

Judge of the Labour Court of South Africa.

Appearances

None

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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