Afriforum NPC v National Energy Regulator of South Africa and Another (2024/061972) [2024] ZAGPPHC 1381 (5 December 2024)
Court
North Gauteng High Court, Pretoria
Case number
2024/061972
Judge
De Vos
The High Court dismissed AfriForum’s bid for interim execution pending appeal over NERSA’s tariff methodology, finding no exceptional circumstances under section 18.
Twenty Four Motors CC t/a Ford Ermelo v Venter and Others (J1338/23) [2024] ZALCJHB 232 (27 February 2024)
Court
Labour Court Johannesburg
Case number
J1338/23
Judge
Prinsloo
The court found that the applicant failed to establish exceptional circumstances warranting departure from the default rule that execution of judgment is suspended pending appeal. The urgency inherent in restraint of trade matters does not, on its own, constitute exceptional circumstances. The applicant did not prove on a balance of probabilities that it would suffer irreparable harm if the order is not executed pending appeal, as it can quantify its damages and remains able to trade in new vehicles. Conversely, the respondents demonstrated that enforcement would cause them irreparable harm,…
Mango Airlines SOC Limited (In Business Rescue) and Others v Minister of Public Enterprises and Others (010700/2023) [2023] ZAGPPHC 2014 (18 December 2023)
Court
North Gauteng High Court, Pretoria
Case number
010700/2023
Judge
Phooko
The High Court dismissed Mango Airlines’ section 18(3) application for interim execution pending appeal, finding no exceptional circumstances or proved irreparable harm.
Zero Azania (Pty) Ltd v Caterpillar Financial Services SA (Pty) Ltd (A2023/100001 ; A2023/100007) [2023] ZAGPJHC 1341; [2024] 1 All SA 883 (GJ); 2024 (2) SA 574 (GJ) (21 November 2023)
Court
South Gauteng High Court, Johannesburg
Case number
A2023/100001 ; A2023/100007
Judges
Opperman, Wilson, Noko
The majority held that Caterpillar had established irreparable harm on a balance of probabilities, considering the lack of payment by Azania, the absence of alternative security, and the ongoing use and potential depreciation of the machinery. The court found that the requirements of section 18(3) of the Superior Courts Act were met, including exceptional circumstances due to Azania's poor prospects of success on appeal and absence of irreparable harm to Azania. The majority rejected the need for a legal presumption of irreparable harm, finding that the facts supported Caterpillar's claim. Th…
CCI SA (Umhlanga) (Pty) Ltd and Others v Mobile Telephone Networks (Pty) Ltd and Others (J 1449/22) [2023] ZALCJHB 9; (2023) 44 ILJ 1055 (LC) (31 January 2023)
Court
Labour Court Johannesburg
Case number
J 1449/22
Judge
Prinsloo
The Labour Court dismissed an urgent section 18(3) application to enforce a section 197 transfer order pending appeal, finding no exceptional circumstances or irreparable harm.
ZO v JO (14941/2022) [2022] ZAGPJHC 809 (18 October 2022)
Court
South Gauteng High Court, Johannesburg
Case number
14941/2022
Judge
S D J Wilson
The High Court dismissed an urgent bid for interim execution and contempt in a relocation dispute, holding that the children’s best interests favoured remaining in Stellenbosch.
