Pillay v Personify Investments (Pty) Ltd and Others (D5093/2020) [2021] ZAKZDHC 39 (17 August 2021)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. Furthermore, no compelling reason was presented to justify the hearing of the appeal. Accordingly, the application for leave to appeal was dismissed. The court also ordered costs against the applicant, including those...
Source-derived case information.
- Citation
- [2021] ZAKZDHC 39
- Parties
- Applicant: Vejandran Shunmugam Pillay; Respondent: Personify Investments (Pty) Ltd; Respondent: Companies and Intellectual Properties Commission; Respondent: Affected Parties
- Court
- Kwazulu-Natal High Court, Durban
- Jurisdiction
- South Africa
- Case Number
- D5093/2020
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal dismissed with costs, including costs of senior counsel.
- Judges
- Ploos van Amstel
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vejandran Shunmugam Pillay
Applicant
Personify Investments (Pty) Ltd
Respondent
Companies and Intellectual Properties Commission
Respondent
Affected Parties
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted against the previous judgment.
- 2 Whether the appeal would have reasonable prospects of success.
- 3 Whether there are compelling reasons for the appeal to be heard.
Ratio Decidendi
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. Furthermore, no compelling reason was presented to justify the hearing of the appeal. Accordingly, the application for leave to appeal was dismissed. The court also ordered costs against the applicant, 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.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL LOCAL DIVISION, DURBAN
CASE NO: D5093/2020
In the matter between:
VEJANDRAN SHUNMUGAM PILLAY Applicant
and
PERSONIFY 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