Martycel Properties CC v Slip Knot Investments 777 (Pty) Ltd; In re: Slip Knot Investments 777 (Pty) Ltd v Martycel Properties CC (55004/2012) [2016] ZAGPPHC 1214 (6 December 2016)

Martycel Properties CC v Slip Knot Investments 777 (Pty) Ltd; In re: Slip Knot Investments 777 (Pty) Ltd v Martycel Properties CC (55004/2012) [2016] ZAGPPHC 1214 (6 December 2016)

The court held that the order of 29 September 2016 is interim in nature, not final in effect, and susceptible to variation by the trial court or any other court on good cause shown. The interests of justice standard, as articulated by the Constitutional Court, does not assist the applicant because the alleged irreparable harm is not substantiated by the facts, particularly in light of the applicant's own financial statements reflecting substantial income. The interim order merely preserves net rental income pending final determination of the main dispute, and does not dispose of any substantial portion of the relief sought. Even if the order were appealable, the grounds advanced do not...

Citation
[2016] ZAGPPHC 1214
Parties
Applicant: Martycel Properties CC; Respondent: Slip Knot Investments 777 (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 December 2016
Case Number
55004/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Interim Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
Kollapen
Legal Topics
Appealability of Interim Orders, Interests of Justice, Irreparable Harm, Variation of Orders
Civil Procedure Appealability of Interim Orders Interests of Justice Irreparable Harm Variation of Orders

Case Brief

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Parties

Martycel Properties CC

Applicant

Slip Knot Investments 777 (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Interim Order

Legal Issues

  1. 1 Is the interim order of 29 September 2016 appealable under South African law.
  2. 2 Does the interim order cause irreparable harm to the applicant justifying leave to appeal.
  3. 3 Would the appeal have reasonable prospects of success if leave were granted.

Ratio Decidendi

The court held that the order of 29 September 2016 is interim in nature, not final in effect, and susceptible to variation by the trial court or any other court on good cause shown. The interests of justice standard, as articulated by the Constitutional Court, does not assist the applicant because the alleged irreparable harm is not substantiated by the facts, particularly in light of the applicant's own financial statements reflecting substantial income. The interim order merely preserves net rental income pending final determination of the main dispute, and does not dispose of any substantial portion of the relief sought. Even if the order were appealable, the grounds advanced do not...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.