Nelmar Court (Pty) Ltd v City of Johannesburg and Others (2023/046703) [2023] ZAGPJHC 943 (15 August 2023)

Nelmar Court (Pty) Ltd v City of Johannesburg and Others (2023/046703) [2023] ZAGPJHC 943 (15 August 2023)

The court found that the interim order granted by Wilson J was an interdict pendente lite and therefore interlocutory in nature. The respondents' belief that the order was suspended by the application for leave to appeal was incorrect, as such orders are not appealable and remain operative until the main dispute is resolved. The respondents' disconnection of the water supply was in flagrant disregard of the court order. The court declined to make a finding on contempt at this stage and postponed those prayers sine die. The respondents failed to demonstrate irreparable harm if interim relief was granted, and the interests of justice required the restoration of water supply and compliance...

Citation
[2023] ZAGPJHC 943
Parties
Applicant: Nelmar Court (Pty) Ltd; Respondent: City of Johannesburg; Respondent: Brink N.O. Floyd (in his capacity as City Manager of the First Respondent); Respondent: Brink Floyd; Respondent: Johannesburg Water SOC Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 August 2023
Case Number
2023/046703
Procedural Posture
Urgent Application / Interim Relief and Contempt Application Following Breach of Previous Court Order
Outcome
Interim relief granted; contempt prayers postponed sine die; respondents ordered to comply with previous court order.
Judges
FF Opperman
Legal Topics
Interim Interdict, Contempt of Court, Appealability of Orders, Municipal Services, Urgent Application
Civil Procedure Administrative Law Interim Interdict Contempt of Court Appealability of Orders Municipal Services Urgent Application

Case Brief

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Parties

Nelmar Court (Pty) Ltd

Applicant

City of Johannesburg

Respondent

Brink N.O. Floyd (in his capacity as City Manager of the First Respondent)

Respondent

Brink Floyd

Respondent

Johannesburg Water SOC Ltd

Respondent

Procedural Posture

Urgent Application / Interim Relief and Contempt Application Following Breach of Previous Court Order

Legal Issues

  1. 1 Whether the respondents breached the interim court order granted by Wilson J on 19 May 2023.
  2. 2 Whether the interim order was suspended by the application for leave to appeal.
  3. 3 Whether the respondents' conduct amounted to contempt of court.

Ratio Decidendi

The court found that the interim order granted by Wilson J was an interdict pendente lite and therefore interlocutory in nature. The respondents' belief that the order was suspended by the application for leave to appeal was incorrect, as such orders are not appealable and remain operative until the main dispute is resolved. The respondents' disconnection of the water supply was in flagrant disregard of the court order. The court declined to make a finding on contempt at this stage and postponed those prayers sine die. The respondents failed to demonstrate irreparable harm if interim relief was granted, and the interests of justice required the restoration of water supply and compliance...

Court Disposition

Interim relief granted; contempt prayers postponed sine die; respondents ordered to comply with previous court order.

Orders

  • Respondents found in breach of the order by Wilson J granted on 19 May 2023.
  • Respondents ordered to install a suitable water meter within one hour of the order.