Maharaj v Strate (Pty) Ltd (J1616/19) [2020] ZALCJHB 36 (11 February 2020)
- Citation
- [2020] ZALCJHB 36
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- GN Moshoana
- Case number
- J1616/19
More details
- Court
- Labour Court Johannesburg
- Panel
- GN Moshoana
- Case number
- J1616/19
On this page
Professional case brief
Research organized from the available case record
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
ApplicantStrate (Pty) Ltd
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant has satisfied the test for leave to appeal.
- 02
Whether there are reasonable prospects that another court may reach a different conclusion.
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
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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