Registrar of Animal Improvement v Chianian Cattle Breeders' Society of South Africa (60618/2022) [2024] ZAGPPHC 276 (19 March 2024)
The court found that the grounds for appeal raised by the applicant merely revisit points already dealt with in the main judgment. Upon consideration of the written and oral submissions, the court concluded that the proposed appeal has no reasonable prospect of success. Furthermore, no compelling reason was advanced...
Source-derived case information.
- Citation
- [2024] ZAGPPHC 276
- Parties
- Applicant: Registrar of Animal Improvement; Respondent: Chianina Cattle Breeders' Society of South Africa
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 60618/2022
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Main Judgment
- Outcome
- Application for leave to appeal refused with costs.
- Judges
- HF Jacobs
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Registrar of Animal Improvement
Applicant
Chianina Cattle Breeders' Society of South Africa
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Main Judgment
Legal Issues
- 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
- 2 Whether there are compelling reasons to grant leave to appeal.
Ratio Decidendi
The court found that the grounds for appeal raised by the applicant merely revisit points already dealt with in the main judgment. Upon consideration of the written and oral submissions, the court concluded that the proposed appeal has no reasonable prospect of success. Furthermore, no compelling reason was advanced to justify granting leave to appeal. Accordingly, the application for leave to appeal was refused, and costs were awarded against the applicant.
Court Disposition
Application for leave to appeal refused with costs.
Orders
- The application for leave to appeal is refused.
- The applicant is ordered to pay the costs of the application.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case No: 60618/2022
(1) REPORTABLE: YES / NO
(2) OF INTEREST TO OTHER JUDGES: YES / NO
(3) REVISED.
DATE: 19 March 2024
SIGNATURE
In the matter between:
THE REGISTRAR OF ANIMAL IMPROVEMENT
Applicant
and
THE CHIANINA CATTLE BREEDERS’
SOCIETY OF SOUTH AFRICA
Respondent
JUDGMENT
HF JACOBS, AJ:
[1] The first respondent in the main application (the Registrar) applies for leave to appeal against the judgment of 16 February 2024. The principles applicable to applications for leave to appeal are set out in Hunter[1].
[2] The grounds for appeal listed in the applicants “Notice of Appeal” dated 1 March 2024 and the written submissions contained in its heads of argument amplified by the oral submissions made in support of the application for leave to appealgffr revisit those points dealt with in the main judgment and I do not intend dealing with each point again in this application.
[3] In my opinion the proposed appeal has no prospect of success and there exists no compelling reason why leave to appeal should be granted.
[4] The application for leave to appeal is refused with costs.
H F JACOBS
ACTING Judge of the High Court
GAUTENG DIVISION, PRETORIA
Delivered: This judgment was handed down electronically by circulation to the parties’ legal representatives by e-mail. The date and time for hand-down is deemed to be 14h00 on the 19th of March 2024.
APPERANCES
Applicant’s counsel: Adv SL Shangisa SC Adv L Rakgwale Applicant’s attorneys: State Attorney Respondent’s counsel: Adv H De Wet SC Respondent’s attorneys: Van Heerden’s Incorporated
[1] Hunter v Financial Services Board 2017 JBR 0941 (GP); Caratco (Pty) Ltd v Independent Advisory (Pty) Ltd 2020 (5) SA 35 (SCA); Minister of Justice and Constitutional Development and Others v Southern Africa Litigation Centre and Others 2016 (3) SA 317 (SCA);