South Africa Judgment

Kwazulu-Natal High Court, Durban

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

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Source document

01

Holding and result

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.

02

Material facts

Parties

Vejandran Shunmugam Pillay

Applicant Counsel: T Giyapersad Incorporated

Huntrex 302 (Pty) Ltd

Respondent Counsel: Johnston and Partners

The Companies and Intellectual Properties Commission

Respondent

Affected Parties

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that the court erred in its previous judgment and that there are reasonable prospects of success on appeal. He argued that the issues raised are of sufficient importance to warrant consideration by a higher court.
Respondent
The respondents maintained that the application for leave to appeal lacks merit, as the grounds advanced do not establish any reasonable prospect of success. They further argued that there are no compelling reasons for the appeal to be entertained.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act 10 of 2013

    Leave to appeal should only be granted where there is a reasonable prospect that another court may come to a different conclusion or where there are compelling reasons for the appeal to be heard.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The matter was dealt with on the papers by agreement between the parties, without oral argument.
  • The order was delivered electronically to the parties' attorneys and placed in the court file.

Court disposition

Application for leave to appeal dismissed with costs.

  • 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.

Source and reliance status

Kwazulu-Natal High Court, Durban

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Judgment text

The complete available source text.

Source document

Kwazulu-Natal High Court, Durban

Judgment

[2021] ZAKZDHC 40

IN

THE HIGH COURT OF SOUTH AFRICA

KWAZULU-NATAL LOCAL DIVISION, DURBAN

CASE NO: D5094/2020

In the matter between:

VEJANDRAN

SHUNMUGAM PILLAY Applicant

and

HUNTREX 302 (PTY) LTD First

Respondent

THE COMPANIES AND INTELLECTUAL Second

Respondent

PROPERTIES COMMISSION

AFFECTED PARTIES Third

Respondent

JUDGMENT

Delivered on: 17 August 2021

Ploos van Amstel J

The application for leave to appeal is dismissed with costs, including those occasioned by the employment of senior counsel, on the grounds that I am not of the opinion that the appeal would have a reasonable prospect of success, nor is there any compelling reason why the appeal should be heard.

Appearances:

For the Applicant

Instructed by: T Giyapersad Incorporated

Durban

For the Respondent

Instructed by: Johnston and Partners

By agreement between the parties this matter was dealt with on the papers, without oral argument. The order was delivered by electronic

transmission to the parties’ attorneys on the 17 August 2021, and by placing it in the court file.

Date of Judgment for application for leave to appeal: 17 August 2021

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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