Pillay v Misty Blue Investments (Pty) Ltd and Others (D5095/2020) [2021] ZAKZDHC 38 (17 August 2021)
- Citation
- [2021] ZAKZDHC 38
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Kwazulu-Natal High Court, Durban
- Panel
- Ploos van Amstel
- Case number
- D5095/2020
More details
- Court
- Kwazulu-Natal High Court, Durban
- Panel
- Ploos van Amstel
- Case number
- D5095/2020
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant failed to demonstrate that the appeal would have reasonable prospects of success. Furthermore, no compelling reason was advanced to justify the hearing of the appeal. 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, including costs of senior counsel.
Orders
- The application for leave to appeal is dismissed.
- The applicant is ordered to pay the costs of the application, including those occasioned by the employment of senior counsel.
02
Material facts
Parties
Vejandran Shunmugam Pillay
Applicant Counsel: T Giyapersad IncorporatedMisty Blue Investments (Pty) Ltd
Respondent Counsel: Johnston and PartnersThe Companies and Intellectual Properties Commission
RespondentAffected Parties
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether leave to appeal should be granted against the previous judgment.
- 02
Whether the appeal has reasonable prospects of success.
- 03
Whether there are compelling reasons for the appeal to be heard.
Party arguments
- Applicant
- The applicant sought leave to appeal the previous judgment, contending that there were grounds that warranted reconsideration and that the appeal had reasonable prospects of success.
- Respondent
- The respondents opposed the application for leave to appeal, arguing that the applicant had not demonstrated reasonable prospects of success and that there were no compelling reasons for the appeal to be heard.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act 10 of 2013
Leave to appeal will only be granted if the court is of the opinion that the appeal would have reasonable prospects of success or there is some compelling reason why the appeal should be heard.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant failed to demonstrate that the appeal would have reasonable prospects of success. Furthermore, no compelling reason was advanced to justify the hearing of the appeal. 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, including costs of senior counsel.
- The application for leave to appeal is dismissed.
- The applicant is ordered to pay the costs of the application, including those occasioned by the employment of senior counsel.
Source and reliance status
Kwazulu-Natal High Court, Durban
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.
Kwazulu-Natal High Court, Durban
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL LOCAL DIVISION, DURBAN
CASE NO: D5095/2020
In the matter between:
VEJANDRAN
SHUNMUGAM PILLAY Applicant
and
MISTY BLUE INVESTMENTS (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
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