Pillay v Huntrex 302 (Pty) Ltd and Others (D5094/2020) [2021] ZAKZDHC 40 (17 August 2021)

Pillay v Huntrex 302 (Pty) Ltd and Others (D5094/2020) [2021] ZAKZDHC 40 (17 August 2021)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. After considering the grounds advanced, the judge concluded that there is no compelling reason for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs, including those occasioned by the employment of senior counsel.

Citation
[2021] ZAKZDHC 40
Parties
Applicant: Vejandran Shunmugam Pillay; Respondent: Huntrex 302 (Pty) Ltd; Respondent: The Companies and Intellectual Properties Commission; Respondent: Affected Parties
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
17 August 2021
Case Number
D5094/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Ploos van Amstel
Legal Topics
Leave to Appeal, Prospects of Success, Costs Order
Civil Procedure Leave to Appeal Prospects of Success Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Vejandran Shunmugam Pillay

Applicant

Huntrex 302 (Pty) Ltd

Respondent

The Companies and Intellectual Properties Commission

Respondent

Affected Parties

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there is any compelling reason for the appeal to be heard.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. After considering the grounds advanced, the judge concluded that there is no compelling reason for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs, including those occasioned by the employment of senior counsel.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs, including those occasioned by the employment of senior counsel.