Phindana Properties 79 (Pty) Ltd and Another v Bluecor Holdings (Pty) Ltd and Another (2669/2022) [2022] ZAMPMHC 17 (18 October 2022)

Phindana Properties 79 (Pty) Ltd and Another v Bluecor Holdings (Pty) Ltd and Another (2669/2022) [2022] ZAMPMHC 17 (18 October 2022)

The court found that the applicants were entitled to approach the court on an urgent basis due to the respondents' unilateral commencement of construction while litigation regarding the validity of the site and retail licences was pending. The respondents' argument that urgency was lacking was rejected, as the trigger event was the actual commencement of construction, not the mere threat. The court held that non-joinder of the Controller and Minister was not fatal, as they did not have a direct and substantial interest in the urgent interim relief sought and had indicated their intention to abide. The applicants demonstrated a prima facie right to preserve the status quo and triable...

Citation
[2022] ZAMPMHC 17
Parties
Applicant: Phindana Properties 79 (Pty) Ltd; Applicant: Martin Van Wyk Dienstasie (Pty) Ltd; Respondent: Bluecor Holdings (Pty) Ltd; Respondent: Total N17 (Pty) Ltd
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
18 October 2022
Case Number
2669/2022
Procedural Posture
Urgent Application / Interim Interdict Pending Review and Interdict Hearing
Outcome
Interim interdict granted in favour of the applicants; respondents restrained from continuing construction and execution of licences pending finalization of related proceedings; costs awarded to applicants on party and party scale.
Judges
MBG Langa
Legal Topics
Interim Interdict, Review of Administrative Action, Site and Retail Licence, Urgency Rule 6 12, Non Joinder, Prima Facie Right
Administrative Law Civil Procedure Land and Property Interim Interdict Review of Administrative Action Site and Retail Licence Urgency Rule 6 12 Non Joinder +1 more

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Parties

Phindana Properties 79 (Pty) Ltd

Applicant

Martin Van Wyk Dienstasie (Pty) Ltd

Applicant

Bluecor Holdings (Pty) Ltd

Respondent

Total N17 (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review and Interdict Hearing

Legal Issues

  1. 1 Whether the applicants are entitled to urgent interim interdictory relief restraining the respondents from continuing construction and execution of site and retail licences pending the finalization of related proceedings.
  2. 2 Whether the matter is urgent within the meaning of Rule 6(12).
  3. 3 Whether non-joinder of the Controller and Minister renders the application fatally defective.

Ratio Decidendi

The court found that the applicants were entitled to approach the court on an urgent basis due to the respondents' unilateral commencement of construction while litigation regarding the validity of the site and retail licences was pending. The respondents' argument that urgency was lacking was rejected, as the trigger event was the actual commencement of construction, not the mere threat. The court held that non-joinder of the Controller and Minister was not fatal, as they did not have a direct and substantial interest in the urgent interim relief sought and had indicated their intention to abide. The applicants demonstrated a prima facie right to preserve the status quo and triable...

Court Disposition

Interim interdict granted in favour of the applicants; respondents restrained from continuing construction and execution of licences pending finalization of related proceedings; costs awarded to applicants on party and party scale.

Orders

  • Pending the finalization of Part A of the application under case 1110/2022, an interim interdict is granted restraining the respondents from continuing with, causing, conducting, embarking on, and allowing any actions in execution of the Site Licence with reference numbers G/2019/01/24/0001 and G/2019/01/24/0002,...
  • The respondents are ordered to ensure that all building contractors, employees, equipment, and materials are removed from the subject property pending finalization of Part A of the application.