Municipality of Stellenbosch v Shelf-Line 104 (Pty) Ltd (3015/2009) [2010] ZAWCHC 446 (20 August 2010)
- Citation
- [2010] ZAWCHC 446
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Western Cape High Court, Cape Town
- Panel
- Goliath
- Case number
- 3015/2009
More details
- Court
- Western Cape High Court, Cape Town
- Panel
- Goliath
- Case number
- 3015/2009
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court finds that the issue of Bulk Infrastructure Contribution Levies (BICLs) is relatively novel and that the interpretation of the applicant's resolutions could reasonably be decided differently by another court. Therefore, there are reasonable prospects of success on appeal, and leave to appeal should be granted. The parties are in agreement that the Supreme Court of Appeal is the appropriate forum for the appeal.
Court disposition
Leave to appeal is granted to the Supreme Court of Appeal. Costs of the application for leave to appeal will be costs in the appeal.
Orders
- Leave to appeal is granted.
- The appeal is directed to the Supreme Court of Appeal.
- Costs in the application for leave to appeal are to be costs in the appeal.
02
Material facts
Parties
Municipality of Stellenbosch
ApplicantShelf-Line 104 (Pty) Limited
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether there are reasonable prospects of success on appeal regarding the interpretation of the applicant's resolutions and the respondent's obligation to pay Bulk Infrastructure Contribution Levies (BICLs).
- 02
Whether leave to appeal should be granted to the Supreme Court of Appeal.
Party arguments
- Applicant
- The applicant contends that its resolutions clearly impose an obligation on the respondent to pay Bulk Infrastructure Contribution Levies (BICLs), and that the previous judgment correctly interpreted these resolutions.
- Respondent
- The respondent argues that the interpretation of the resolutions is debatable, that BICLs are a novel issue, and that there are reasonable prospects that another court may reach a different conclusion.
05
Court’s reasoning
Legal principles
- 01
Section 17(1)(a) of the Superior Courts Act, 10 of 2013
Leave to appeal should be granted where there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court finds that the issue of Bulk Infrastructure Contribution Levies (BICLs) is relatively novel and that the interpretation of the applicant's resolutions could reasonably be decided differently by another court. Therefore, there are reasonable prospects of success on appeal, and leave to appeal should be granted. The parties are in agreement that the Supreme Court of Appeal is the appropriate forum for the appeal.
Obiter and limits
- The novelty of BICLs as a legal issue warrants consideration by a higher court.
- The parties' agreement on the appropriate appellate forum is noted and endorsed.
Court disposition
Leave to appeal is granted to the Supreme Court of Appeal. Costs of the application for leave to appeal will be costs in the appeal.
- Leave to appeal is granted.
- The appeal is directed to the Supreme Court of Appeal.
- Costs in the application for leave to appeal are to be costs in the appeal.
Source and reliance status
Western Cape High Court, Cape Town
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.
Western Cape High Court, Cape Town
Judgment
IN THE HIGH COURT OF SOUTH AFRICA(WESTERN CAPE HIGH COURT. CAPE TOWN)
CASE NO. 3015/2009
DATE: 20 AUGUSTUS 2010
In the matter between:
MUNICIPALITY
OF STELLENBOSCH …............................................Applicant
and
SHELF-LINE 104 (PTY) LIMITED …................................................Respondent
JUDGMENT
(Application for leave to appeal)
GOLIATH. J:
This is an application for leave to appeal against the judgment and order which I gave in this matter on 31 May 2010. The case involves the interpretation of certain resolutions adopted by the applicant which impacted on the respondent's obligation to pay Bulk Infra-structure Contribution Levies, known as BICLs.
In my judgment I have dealt with these issues. However, BICLs are a relatively novel issue and I am of the view that another court may come to a different conclusion. I am therefore satisfied that there are reasonable prospects of success on appeal.
The parties agreed that if leave to appeal were to be granted, the appropriate forum to hear the appeal would be the Supreme Court of Appeal. I am in agreement with this view.
In the result the following order is made: The application for leave to appeal is granted, the appeal is directed to the Supreme Court of Appeal, the costs in the application for leave to appeal are to be the costs in the appeal.
GOLIATH, J
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