Roomes Menlyn Maine (Pty) Ltd & Others v Gauteng Provincial Liquor Board & Another (77750/2016) [2018] ZAGPPHC 791 (21 September 2018)

Roomes Menlyn Maine (Pty) Ltd & Others v Gauteng Provincial Liquor Board & Another (77750/2016) [2018] ZAGPPHC 791 (21 September 2018)

The court found that although the applicants obtained interim relief allowing them to trade liquor pending the outcome of their licence applications, the main application was not fully finalised, as prayers for mandamus and review remained outstanding. The interim relief was granted pending the finalisation of the licence applications, not the main application. The applicants did not indicate whether they abandoned the outstanding prayers, and the status of their licence applications was unclear. Given these circumstances, and applying the principle that costs follow the event but may be departed from for fairness, the court held it reasonable and fair for each party to bear its own...

Citation
[2018] ZAGPPHC 791
Parties
Applicant: Roomes Menlyn Maine (Pty) Ltd & Others; Respondent: Gauteng Provincial Liquor Board & Another
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 September 2018
Case Number
77750/2016
Procedural Posture
Urgent Application / Costs and Pendency of Main Application After Interim Relief
Outcome
Application dismissed. Each party to pay its own costs.
Judges
Mosopa
Legal Topics
Interim Interdict, Costs Award, Restaurant Liquor Licence, Mandamus, Settlement Agreement
Administrative Law Civil Procedure Interim Interdict Costs Award Restaurant Liquor Licence Mandamus Settlement Agreement

Case Brief

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Parties

Roomes Menlyn Maine (Pty) Ltd & Others

Applicant

Gauteng Provincial Liquor Board & Another

Respondent

Procedural Posture

Urgent Application / Costs and Pendency of Main Application After Interim Relief

Legal Issues

  1. 1 Whether the applicants are entitled to costs of the urgent application.
  2. 2 Whether the main application remains pending after the grant of interim relief.

Ratio Decidendi

The court found that although the applicants obtained interim relief allowing them to trade liquor pending the outcome of their licence applications, the main application was not fully finalised, as prayers for mandamus and review remained outstanding. The interim relief was granted pending the finalisation of the licence applications, not the main application. The applicants did not indicate whether they abandoned the outstanding prayers, and the status of their licence applications was unclear. Given these circumstances, and applying the principle that costs follow the event but may be departed from for fairness, the court held it reasonable and fair for each party to bear its own...

Court Disposition

Application dismissed. Each party to pay its own costs.

Orders

  • The applicants' application is dismissed.
  • Each party to pay his or its own costs.