Visigro Investments (Pty) Ltd v SFF Association (14906/2022) [2024] ZAWCHC 356 (3 June 2024)

Visigro Investments (Pty) Ltd v SFF Association (14906/2022) [2024] ZAWCHC 356 (3 June 2024)

The application to amend the Notice of Motion is denied because the main application and the proposed amendment have become moot due to the passage of time and the completion of a new risk assessment by the first respondent. The relief sought in the amendment is overtaken by subsequent events and does not raise a...

Source-derived case information.

Citation
[2024] ZAWCHC 356
Parties
Applicant: Visigro Investments (Pty) Ltd; Respondent: SFF Association; Respondent: City of Cape Town; Respondent: Director General of the Department of Employment and Labour
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 June 2024
Case Number
14906/2022
Procedural Posture
Interlocutory Application / Application to Amend Notice of Motion Prior to Main Hearing
Outcome
Application to amend Notice of Motion denied; costs awarded against applicant.
Judges
Van den Berg
Legal Topics
Amendment of Pleadings, Major Hazard Installation Regulations, Risk Assessment, Mootness, Declaratory Relief
Civil Procedure Land and Property Amendment of Pleadings Major Hazard Installation Regulations Risk Assessment Mootness Declaratory Relief

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Summary, issues, holding and outcome

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Parties

Visigro Investments (Pty) Ltd

Applicant

SFF Association

Respondent

City of Cape Town

Respondent

Director General of the Department of Employment and Labour

Respondent

Procedural Posture

Interlocutory Application / Application to Amend Notice of Motion Prior to Main Hearing

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend its Notice of Motion in light of regulatory changes and subsequent events.
  2. 2 Whether the main application and the proposed amendment have become moot due to the passage of time and the completion of a new risk assessment.
  3. 3 Whether the proposed amendment introduces a new cause of action not supported by the original pleadings and evidence.

Ratio Decidendi

The application to amend the Notice of Motion is denied because the main application and the proposed amendment have become moot due to the passage of time and the completion of a new risk assessment by the first respondent. The relief sought in the amendment is overtaken by subsequent events and does not raise a triable issue supported by the original pleadings and evidence. Granting the amendment would require the filing of further affidavits on new facts and issues not ventilated in the main application, which is not in the interest of justice. The declaratory relief sought is hypothetical and academic, and no practical effect would result from granting the amendment. The applicant is...

Court Disposition

Application to amend Notice of Motion denied; costs awarded against applicant.

Orders

  • The applicant's application to amend the Notice of Motion is denied.
  • The applicant is ordered to pay the costs of the application for amendment, including the costs of two counsel, respectively and in order of seniority on Tarif C and B of Uniform Rule 69(7).