South African Transport and Allied Workers Union v Garvis and Others (2580/07) [2010] ZAWCHC 569 (23 November 2010)
The court found that there are reasonable prospects of success on appeal. Accordingly, leave to appeal to the Supreme Court of Appeal was granted. The costs of the application are to be costs in the appeal.
Source-derived case information.
- Citation
- [2010] ZAWCHC 569
- Parties
- Applicant: South African Transport and Allied Workers Union; Respondent: Jacqueline Garvis; Respondent: Thuraya Naidoo; Respondent: Chinatown (RSA) International Trading CC; Respondent: Anees Soeker; Respondent: Andrew Njiokwuemegi; Respondent: Dolores Rosanne Reitz; Respondent: Maurice Robertson; Respondent: Harold Burger
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 2580/07
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
- Outcome
- Leave to appeal to the Supreme Court of Appeal is granted. Costs are to be costs in the appeal.
- Judges
- Hlophe JP
- Legal Topics
- Leave to Appeal, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
South African Transport and Allied Workers Union
Applicant
Jacqueline Garvis
Respondent
Thuraya Naidoo
Respondent
Chinatown (RSA) International Trading CC
Respondent
Anees Soeker
Respondent
Andrew Njiokwuemegi
Respondent
Dolores Rosanne Reitz
Respondent
Maurice Robertson
Respondent
Harold Burger
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Legal Issues
- 1 Whether there are reasonable prospects of success on appeal warranting the granting of leave to appeal to the Supreme Court of Appeal.
Ratio Decidendi
The court found that there are reasonable prospects of success on appeal. Accordingly, leave to appeal to the Supreme Court of Appeal was granted. The costs of the application are to be costs in the appeal.
Court Disposition
Leave to appeal to the Supreme Court of Appeal is granted. Costs are to be costs in the appeal.
Orders
- Leave to appeal to the Supreme Court of Appeal is granted.
- Costs shall be costs in the appeal.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA(WESTERN CAPE HIGH COURT. CAPE TOWN)CASE NO: 2580/07
DATE: 23 NOVEMBER 2010
In the matter between:
SOUTH AFRICAN TRANSPORT
AND ALLIED WORKERS UNION ….........................................................Applikant
and
JACQUELINE GARVIS …................................................................1st Respondent
THURAYA NAIDOO …....................................................................2nd Respondent
CHINATOWN (RSA) INTERNATIONAL
TRADING CC …...............................................................................3rd Respondent
ANEES SOEKER …........................................................................4th Respondent
ANDREW NJIOKWUEMEGI …........................................................5th Respondent
DOLORES ROSANNE REITZ ….....................................................6th Respondent
MAURICE ROBERTSON ….............................................................7th Respondent
HAROLD BURGER ….....................................................................8th Respondent
JUDGMENT (Application for Leave to Appeal) HLOPHE. JP: This is an application for leave to appeal to the Supreme Court of Appeal. There are reasonable prospects of success on appeal.
Accordingly, leave is granted to the Supreme Court of Appeal. Furthermore, it is ordered that the costs shall be the costs in the appeal. HLOPHE, JP / 26/11/2010
JUDGMENT
(Application for Leave to Appeal)
HLOPHE. JP:
This is an application for leave to appeal to the Supreme Court of Appeal. There are reasonable prospects of success on appeal.
Accordingly, leave is granted to the Supreme Court of Appeal. Furthermore, it is ordered that the costs shall be the costs in the appeal.
HLOPHE, JP
/
26/11/2010