Steelpoort CC v Eskom Holdings SOC Ltd (22375/2019) [2019] ZAGPJHC 277 (13 August 2019)

Steelpoort CC v Eskom Holdings SOC Ltd (22375/2019) [2019] ZAGPJHC 277 (13 August 2019)

The court found that, although spoliation orders are interim in nature and do not finally resolve the merits of the underlying dispute, they are regarded as having the effect of a final judgment for purposes of section 18(2) of the Superior Courts Act. The applicant demonstrated exceptional circumstances, namely the imminent liquidation of its business and loss of jobs, and established that irreparable harm would result if the suspension of the order was not lifted. The respondent's purported cancellation of the electricity supply agreement was not relevant to the present proceedings, as it would require a fresh application. The balance of harm favoured the applicant, as the respondent's...

Citation
[2019] ZAGPJHC 277
Parties
Applicant: Metchem Steelpoort CC; Respondent: Eskom Holdings SOC Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 August 2019
Case Number
22375/2019
Procedural Posture
Urgent Application / Application Under Section 18(1) of the Superior Courts Act to Lift Suspension of Execution Pending Leave to Appeal
Outcome
Application granted. Suspension of the judgment and order of 12 July 2019 is lifted; the order remains in force despite any pending application for leave to appeal.
Judges
WHG van der Linde
Legal Topics
Spoliation, Superior Courts Act Section 18, Interlocutory Orders, Exceptional Circumstances, Irreparable Harm
Civil Procedure Spoliation Superior Courts Act Section 18 Interlocutory Orders Exceptional Circumstances Irreparable Harm

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Parties

Metchem Steelpoort CC

Applicant

Eskom Holdings SOC Ltd

Respondent

Procedural Posture

Urgent Application / Application Under Section 18(1) of the Superior Courts Act to Lift Suspension of Execution Pending Leave to Appeal

Legal Issues

  1. 1 Whether the judgment and order of 12 July 2019 is a final judgment or an interlocutory order for purposes of section 18 of the Superior Courts Act.
  2. 2 Whether the applicant has shown exceptional circumstances and a favourable balance of irreparable harm to justify lifting the suspension of the order pending leave to appeal.
  3. 3 Whether the respondent's purported cancellation of the underlying electricity supply agreement affects the relief sought.

Ratio Decidendi

The court found that, although spoliation orders are interim in nature and do not finally resolve the merits of the underlying dispute, they are regarded as having the effect of a final judgment for purposes of section 18(2) of the Superior Courts Act. The applicant demonstrated exceptional circumstances, namely the imminent liquidation of its business and loss of jobs, and established that irreparable harm would result if the suspension of the order was not lifted. The respondent's purported cancellation of the electricity supply agreement was not relevant to the present proceedings, as it would require a fresh application. The balance of harm favoured the applicant, as the respondent's...

Court Disposition

Application granted. Suspension of the judgment and order of 12 July 2019 is lifted; the order remains in force despite any pending application for leave to appeal.

Orders

  • The application is granted, with costs.
  • It is declared that the operation and execution of the judgment and order of this court dated 12 July 2019 are not suspended in terms of section 18(1) of the Superior Courts Act 10 of 2013, and remain of full force and effect, despite any pending application for leave to appeal by the respondent, and any appeals...