Quantum Foods (Pty) Ltd v Kemell Investments (Pty) Ltd (45960/2021) [2023] ZAGPPHC 593 (24 July 2023)
The court found that, after considering the grounds of appeal and submissions made by counsel, there is no reasonable prospect of success on appeal. The applicant failed to meet the threshold set by section 17 of the Superior Courts Act, and no compelling reason exists for the appeal to be heard. Accordingly, the...
Source-derived case information.
- Citation
- [2023] ZAGPPHC 593
- Parties
- Applicant: Quantum Foods (Pty) Ltd; Respondent: Kemell Investments (Pty) Ltd
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 45960/2021
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 3 May 2023.
- Outcome
- Application for leave to appeal dismissed.
- Judges
- E van der Schyff
- Legal Topics
- Leave to Appeal, Reasonable Prospects of Success, Superior Courts Act
Source-derived case record
Summary, issues, holding and outcome
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Parties
Quantum Foods (Pty) Ltd
Applicant
Kemell Investments (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 3 May 2023.
Legal Issues
- 1 Whether the applicant has demonstrated reasonable prospects of success on appeal as required by section 17 of the Superior Courts Act.
- 2 Whether there are compelling reasons for the appeal to be heard.
Ratio Decidendi
The court found that, after considering the grounds of appeal and submissions made by counsel, there is no reasonable prospect of success on appeal. The applicant failed to meet the threshold set by section 17 of the Superior Courts Act, and no compelling reason exists for the appeal to be heard. Accordingly, the application for leave to appeal must be dismissed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 45960/2021
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: NO
Date: 24 July 2023
E van der Schyff
In the matter between:
QUANTUM FOODS (PTY) LTD
APPLICANT / OPPONENT
and
KEMELL INVESTMENTS (PTY) LTD RESPONDENT / TRADE MARK APPLICANT
JUDGMENT
Van der Schyff J
Introduction
[1] This is an application for leave to appeal against the judgment and order handed down on 3 May 2023.
[2] It is by now, trite that s 17 of the Superior Courts Act 10 of 2013 raised the threshold for leave to appeal to be granted. If no compelling reason is found to exist as to why the appeal should be heard, an applicant must make out a case that the appeal would have a reasonable prospect of success.
[3] The Supreme Court of Appeal’s expressed view is that leave to appeal should only be granted where there is a ‘sound rational basis for the conclusion that there are prospects of success on appeal’.[1]
[4] After considering the grounds of appeal and the submissions made by counsel, I am not of the view that there is any reasonable prospect of success on appeal.
ORDER
In the result, the following order is granted:
1. The application for leave to appeal is dismissed.
Judge of the High Court
Delivered: This judgement is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be emailed to the parties/their legal representatives.
For the applicant: Adv. L. Van Dyk Instructed by: Werksmans Inc. Date of the hearing: 19 July 2023 Date of judgment: 24 July 2023
[1] Four Wheel Drive Accessory Distributors CC v Rattan NO 2019 (3) 451 (SCA) at par [34].