Swift Human Resources(Pty)Ltd v Hamba Fishare Build (Pty)Ltd and Others (26243/2014) [2016] ZAGPPHC 663 (28 July 2016)

Swift Human Resources(Pty)Ltd v Hamba Fishare Build (Pty)Ltd and Others (26243/2014) [2016] ZAGPPHC 663 (28 July 2016)

The court found that, after considering all the facts, the judgment, the heads of argument, and authorities, there are no reasonable prospects of success for the appeal. The reasons for this finding are the same as those set out in the original judgment. Accordingly, the application for leave to appeal was dismissed and the applicant was ordered to pay the costs of the application.

Citation
[2016] ZAGPPHC 663
Parties
Applicant: Swift Human Resources (Pty) Ltd; Respondent: Hamba Fishare Build (Pty) Ltd; Respondent: Francois Kotze; Respondent: Francois Colin Kotze
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 July 2016
Case Number
26243/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
C Pretorius
Legal Topics
Leave to Appeal, Costs Order
Civil Procedure Leave to Appeal Costs Order

Case Brief

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Parties

Swift Human Resources (Pty) Ltd

Applicant

Hamba Fishare Build (Pty) Ltd

Respondent

Francois Kotze

Respondent

Francois Colin Kotze

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted.

Ratio Decidendi

The court found that, after considering all the facts, the judgment, the heads of argument, and authorities, there are no reasonable prospects of success for the appeal. The reasons for this finding are the same as those set out in the original judgment. Accordingly, the application for leave to appeal was dismissed and the applicant was ordered to pay the costs of the application.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is to pay the costs of the application.