Otto Waste Systems (Pty) Limited v Pikitup Johannesburg (SOC) Limited and Others (2013/21677) [2014] ZAGPJHC 170 (10 June 2014)

Otto Waste Systems (Pty) Limited v Pikitup Johannesburg (SOC) Limited and Others (2013/21677) [2014] ZAGPJHC 170 (10 June 2014)

The court found that the applicant has reasonable prospects of success on appeal regarding the just and equitable remedy. The Superior Courts Act and Uniform Rules provide that the appeal should be heard by the full court of the South Gauteng High Court, Johannesburg, as directed by the Judge President. Rule 49(5) is not inconsistent with the Superior Courts Act and remains operative. The costs of the application for leave to appeal are to be costs in the appeal.

Citation
[2014] ZAGPJHC 170
Parties
Applicant: Otto Waste Systems (Pty) Limited; Respondent: Pikitup Johannesburg (SOC) Limited; Respondent: The Chairperson of the Bid Adjudication Committee; Respondent: Phambili Services (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 June 2014
Case Number
2013/21677
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Just and Equitable Remedy
Outcome
Leave to appeal granted; appeal to be heard by the full court of the South Gauteng High Court, Johannesburg; costs to be in the appeal.
Judges
Wright
Legal Topics
Leave to Appeal, Just and Equitable Remedy, Superior Courts Act, Jurisdiction of Full Court
Civil Procedure Leave to Appeal Just and Equitable Remedy Superior Courts Act Jurisdiction of Full Court

Case Brief

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Parties

Otto Waste Systems (Pty) Limited

Applicant

Pikitup Johannesburg (SOC) Limited

Respondent

The Chairperson of the Bid Adjudication Committee

Respondent

Phambili Services (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Just and Equitable Remedy

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal regarding the just and equitable remedy.
  2. 2 Which court has jurisdiction to hear the appeal under the Superior Courts Act and Uniform Rules.
  3. 3 Whether Rule 49(5) remains consistent with the Superior Courts Act.

Ratio Decidendi

The court found that the applicant has reasonable prospects of success on appeal regarding the just and equitable remedy. The Superior Courts Act and Uniform Rules provide that the appeal should be heard by the full court of the South Gauteng High Court, Johannesburg, as directed by the Judge President. Rule 49(5) is not inconsistent with the Superior Courts Act and remains operative. The costs of the application for leave to appeal are to be costs in the appeal.

Court Disposition

Leave to appeal granted; appeal to be heard by the full court of the South Gauteng High Court, Johannesburg; costs to be in the appeal.

Orders

  • The applicant is granted leave to appeal the whole of the judgment and order dealing with a just and equitable remedy.
  • The appeal is to be heard by the full court of the South Gauteng High Court, Johannesburg.