Mobile Telephone Network(Pty) Ltd v Vodacom (Pty) Limited and Anothers (A5074/2018, 25771/2018) [2019] ZAGPJHC 102 (26 March 2019)

Mobile Telephone Network(Pty) Ltd v Vodacom (Pty) Limited and Anothers (A5074/2018, 25771/2018) [2019] ZAGPJHC 102 (26 March 2019)

The court held that the requirements of section 18(3) of the Superior Courts Act were satisfied. Vodacom would suffer irreparable harm if the porting order was not implemented pending appeal, as its only potential claim for damages against MTN was delictual for pure economic loss, which was highly uncertain and difficult to prove. MTN, by contrast, had a clear contractual damages claim against Transnet should it ultimately succeed. The court found that the mere existence of a theoretical alternative remedy does not preclude a finding of irreparable harm; the likelihood of success must be assessed on the probabilities. Exceptional circumstances existed due to the time-limited nature of the...

Citation
[2019] ZAGPJHC 102
Parties
Appellant: Mobile Telephone Networks (Pty) Ltd; Respondent: Vodacom (Pty) Limited; Respondent: Transnet SOC Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 March 2019
Case Number
A5074/2018
Procedural Posture
Civil Appeal / Appeal Against Section 18(1) Order Under Superior Courts Act
Outcome
Appeal dismissed with costs, including costs of both senior and junior counsel.
Judges
R M Keightley, CG Lamont, TP Mudau
Legal Topics
Section 18 Superior Courts Act, Interim Execution Pending Appeal, Irreparable Harm, Exceptional Circumstances, Mobile Number Porting, Tender Award Dispute
Civil Procedure Telecoms and Media Section 18 Superior Courts Act Interim Execution Pending Appeal Irreparable Harm Exceptional Circumstances Mobile Number Porting Tender Award Dispute

Case Brief

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Parties

Mobile Telephone Networks (Pty) Ltd

Appellant

Vodacom (Pty) Limited

Respondent

Transnet SOC Limited

Respondent

Procedural Posture

Civil Appeal / Appeal Against Section 18(1) Order Under Superior Courts Act

Legal Issues

  1. 1 Whether the requirements for granting relief under section 18(3) of the Superior Courts Act were satisfied.
  2. 2 Whether Vodacom would suffer irreparable harm if the order was not implemented pending appeal.
  3. 3 Whether MTN would suffer irreparable harm if the order was implemented.

Ratio Decidendi

The court held that the requirements of section 18(3) of the Superior Courts Act were satisfied. Vodacom would suffer irreparable harm if the porting order was not implemented pending appeal, as its only potential claim for damages against MTN was delictual for pure economic loss, which was highly uncertain and difficult to prove. MTN, by contrast, had a clear contractual damages claim against Transnet should it ultimately succeed. The court found that the mere existence of a theoretical alternative remedy does not preclude a finding of irreparable harm; the likelihood of success must be assessed on the probabilities. Exceptional circumstances existed due to the time-limited nature of the...

Court Disposition

Appeal dismissed with costs, including costs of both senior and junior counsel.

Orders

  • The appeal is dismissed with costs including the costs of both senior and junior counsel.