South African National Roads Agency Ltd v Rail Refurb CC and Others (24377/2020) [2021] ZAGPPHC 577 (18 August 2021)
The court found that, after considering the arguments and the judgment, there is no reasonable prospect that another court would reach a different conclusion. Accordingly, the application for leave to appeal must be dismissed. The applicant is ordered to pay the costs of the application, including the costs of two...
Source-derived case information.
- Citation
- [2021] ZAGPPHC 577
- Parties
- Applicant: South African National Roads Agency Ltd; Respondent: Rail Refurb CC; Respondent: VEA Raod Maintenance & Civils (Pty) Ltd; Respondent: Rainbow Civils CC
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 24377/2020
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal dismissed with costs, including costs of two counsel.
- Judges
- RG Tolmay
- Legal Topics
- Leave to Appeal, Costs Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
South African National Roads Agency Ltd
Applicant
Rail Refurb CC
Respondent
VEA Raod Maintenance & Civils (Pty) Ltd
Respondent
Rainbow Civils CC
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether there is a reasonable prospect that another court would reach a different conclusion.
- 2 Whether leave to appeal should be granted.
Ratio Decidendi
The court found that, after considering the arguments and the judgment, there is no reasonable prospect that another court would reach a different conclusion. Accordingly, the application for leave to appeal must be dismissed. The applicant is ordered to pay the costs of the application, including the costs of two counsel.
Court Disposition
Application for leave to appeal dismissed with costs, including costs of two counsel.
Orders
- The application for leave to appeal is dismissed.
- The applicant is to pay the costs of the application, including the costs of two counsel.
Full Case Text
Judgment text and source record
39 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case number: 24377/2020
Date:
In the matter between:
SOUTH AFRICAN NATIONAL ROADS
AGENCY LTD
APPLICANT
And
RAIL REFURB CC
FIRST RESPONDENT
VEA RAOD MAINTENANCE & CIVILS
(PTY) LTD
SECOND RESPONDENT
RAINBOW CIVILS CC
THIRD RESPONDENT
JUDGMENT - APPLICATION FOR LEAVE TO APPEAL
TOLMAY, J:
1. Having given due regards to the argument, heads of argument and the judgment I am of the view that there is no reasonable prospect that another court would come to another conclusion.
2. The following order is made:
2.1 The application for leave to appeal is dismissed
2.2 The applicant to pay the costs of the application, the costs to include the costs of two counsel.
RG TOLMAY
JUDGE OF THE HIGH COURT
DATE OF HEARING:
12 AUGUST 2021
DATE OF JUDGMENT:
18 AUGUST 2021
ATTORNEYS FOR APPLICANT:
SALIJEE GOVENDER VAN DER
MERWE INC
ADVOCATE FOR APPLICANT:
T J BRUIDENRS (SC) K HARDY
ATTORNEYS FOR FIRST RESPONDENT: ZIMRI ATTORNEYS INC
ATTORNEYS FOR SECOND RESPONDENT: STEENKAMP VAN NIEKERK
INC
ADVOCATE FOR RESPONDENT:
MD STUBBS
I KENTRIDGE