Trustco Group Holdings Limited v Financial Services Tribunal and Another [2023] ZAGPPHC 76; 5640/2022 (6 February 2023)
The court found that, having considered the application and the grounds for leave to appeal, as well as having heard argument, there were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs, including the costs of...
Source-derived case information.
- Citation
- [2023] ZAGPPHC 76
- Parties
- Applicant: Trustco Group Holdings Limited; Respondent: Financial Services Tribunal; Respondent: JSE Limited
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 5640/2022
- 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
- S. Potterill
- Legal Topics
- Leave to Appeal, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trustco Group Holdings Limited
Applicant
Financial Services Tribunal
Respondent
JSE Limited
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether there are reasonable prospects that another court would reach a different conclusion on appeal.
- 2 Whether leave to appeal should be granted.
Ratio Decidendi
The court found that, having considered the application and the grounds for leave to appeal, as well as having heard argument, there were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs, 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 with costs, such costs to include the costs of two counsel.
Full Case Text
Judgment text and source record
37 paragraphs
IN THE NORTH GAUTENG HIGH COURT, PRETORIA
(REPUBLIC OF SOUTH AFRICA)
Case Number: 5640/2022
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
2023-02-06
In the matter between:
TRUSTCO GROUP HOLDINGS LIMITED
Applicant
And
THE FINANCIAL SERVICES TRIBUNAL
First Respondent
JSE LIMITED
Second Respondent
REASONS FOR JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
POTTERILL J
[1] I have considered the application and grounds thereto. I have listened to the argument and I am satisfied that there are no reasonable prospects that another court would come to another conclusion.
[2] The following order is made:
The application for leave to appeal is dismissed with costs, such costs to include the costs of two counsel.
S. POTTERILL
JUDGE OF THE HIGH COURT
CASE NO: 5640/2022
HEARD ON:
30 January 2023
FOR THE APPLICANT:
ADV. C.M. ELOFF SC
ADV. S. SCOTT
INSTRUCTED BY:
Norton Rose Fulbright South Africa
Inc.
FOR THE 2nd RESPONDENT:
ADV. I. GREEN SC
ADV. M. KRUGER
INSTRUCTED BY:
Webber Wentzel Attorneys
DATE OF REASONS FOR JUDGMENT: 6 February 2023