Trustees for the time being of Agapi Trust and Another v Minister, Mineral Resources and Energy and Others (B430/2024) [2024] ZAGPPHC 250 (11 March 2024)

Trustees for the time being of Agapi Trust and Another v Minister, Mineral Resources and Energy and Others (B430/2024) [2024] ZAGPPHC 250 (11 March 2024)

The court found that the applicants had established a right to protect their business from unlawful competition and that the repeated overruling of the Controller's decisions by the Minister raised serious concerns. The applicants demonstrated that the proposed new station would likely cause irreparable harm to their business, and damages would not be an adequate remedy. The respondents' actions, including continuing construction despite adverse court orders and rushing to sign employment contracts, showed they assumed the risk of proceeding without finality. The balance of convenience favoured the applicants, as they should not be forced to endure competition that contravenes statutory...

Citation
[2024] ZAGPPHC 250
Parties
Applicant: Trustees for the time being of Agapi Trust (John Basil Arsenio, Helen Lucia Arsenou, Laurine Sahd); Applicant: Bizbeth Trading 30 CC; Respondent: Minister, Mineral Resources & Energy; Respondent: Controller of Petroleum Products; Respondent: Casmath Trading (Pty) Ltd; Respondent: Grandway Property Investments CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 March 2024
Case Number
B430/2024
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Interim interdict granted in favour of the applicants; costs reserved.
Judges
Mooki
Legal Topics
Petroleum Products Act, Site and Retail Licensing, Interim Interdict, Review of Administrative Action, Balance of Convenience
Administrative Law Commercial and Corporate Petroleum Products Act Site and Retail Licensing Interim Interdict Review of Administrative Action Balance of Convenience

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Parties

Trustees for the time being of Agapi Trust (John Basil Arsenio, Helen Lucia Arsenou, Laurine Sahd)

Applicant

Bizbeth Trading 30 CC

Applicant

Minister, Mineral Resources & Energy

Respondent

Controller of Petroleum Products

Respondent

Casmath Trading (Pty) Ltd

Respondent

Grandway Property Investments CC

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict preventing the issuing of site and retail licences to the respondents pending review of the Minister's decision.
  2. 2 Whether the applicants have established a right to protection against unlawful competition under the Petroleum Products Act.
  3. 3 Whether the balance of convenience favours granting the interdict.

Ratio Decidendi

The court found that the applicants had established a right to protect their business from unlawful competition and that the repeated overruling of the Controller's decisions by the Minister raised serious concerns. The applicants demonstrated that the proposed new station would likely cause irreparable harm to their business, and damages would not be an adequate remedy. The respondents' actions, including continuing construction despite adverse court orders and rushing to sign employment contracts, showed they assumed the risk of proceeding without finality. The balance of convenience favoured the applicants, as they should not be forced to endure competition that contravenes statutory...

Court Disposition

Interim interdict granted in favour of the applicants; costs reserved.

Orders

  • The matter is enrolled and heard on an urgent basis in terms of Rule 6(12).
  • Pending finalisation of the relief sought in Part B of the notice of motion, the second respondent is interdicted from issuing site and/or retail licence certificates to the third and fourth respondents for the specified sites in Queenstown.