Rasebotsa t/a Everon Filling Station v Engen Petrolem Limited (24051/2014) [2015] ZAGPPHC 556 (6 August 2015)

Rasebotsa t/a Everon Filling Station v Engen Petrolem Limited (24051/2014) [2015] ZAGPPHC 556 (6 August 2015)

The court found that the applicant's contention regarding the expert report on fuel measurement was not raised in the original application and concerns only a minor amount. The main amounts in dispute, relating to rent and levy, were not factually disputed. The court reiterated that there were no real factual disputes on the papers and that the matter did not warrant referral to trial or oral evidence. Consequently, the court was not convinced that another court would reach a different conclusion and dismissed the application for leave to appeal.

Citation
[2015] ZAGPPHC 556
Parties
Applicant: Ronald Rasebotsa t/a Everon Filling Station; Respondent: Engen Petroleum Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 August 2015
Case Number
24051/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 6 May 2015
Outcome
Application for leave to appeal dismissed with costs awarded against the applicant.
Judges
C Pretorius
Legal Topics
Leave to Appeal, Costs Order, Summary Judgment
Civil Procedure Leave to Appeal Costs Order Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Ronald Rasebotsa t/a Everon Filling Station

Applicant

Engen Petroleum Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 6 May 2015

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects that another court would come to a different conclusion on appeal.
  2. 2 Whether the alleged expert report on fuel measurement affects the outcome of the original judgment.
  3. 3 Whether there are any real factual disputes warranting referral to trial or oral evidence.

Ratio Decidendi

The court found that the applicant's contention regarding the expert report on fuel measurement was not raised in the original application and concerns only a minor amount. The main amounts in dispute, relating to rent and levy, were not factually disputed. The court reiterated that there were no real factual disputes on the papers and that the matter did not warrant referral to trial or oral evidence. Consequently, the court was not convinced that another court would reach a different conclusion and dismissed the application for leave to appeal.

Court Disposition

Application for leave to appeal dismissed with costs awarded against the applicant.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application for leave to appeal.