Tempelhof Filling Station (Pty0 Ltd v Controller of Petroleum Products and Others (017060/2024) [2024] ZAGPPHC 1025 (11 October 2024)
Court
North Gauteng High Court, Pretoria
Case number
017060/2024
Judge
NYATHI
The High Court discharged a rule nisi and dismissed an interim interdict after finding it lacked territorial jurisdiction over the petrol-station licensing dispute.
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)
Court
North Gauteng High Court, Pretoria
Case number
B430/2024
Judge
Mooki
The court granted an urgent interim interdict stopping issue of petrol station licences pending review, finding the applicants showed unlawful competition and irreparable harm.
Pine Glow Investments (Pty) Ltd t/a Caltex Mpumalanga North Marketer v Controller of Petroleum Products and Others (5551/2022) [2023] ZAMPMBHC 53 (9 October 2023)
Court
Mbombela High Court, Mpumalanga
Case number
5551/2022
Judge
Mashile
The High Court allowed Pine Glow to amend its motion to seek declaratory relief that petroleum licenses had lapsed, finding no bad faith and limited prejudice.
Total Brite Star Service Station CC v ENSPA Trading Company (Pty) Limited and Others (1661/2021) [2022] ZAECELLC 29 (1 November 2022)
Court
Eastern Cape High Court, East London Local Court
Case number
1661/2021
Judge
Laing
The court found that the applicant failed to establish urgency or satisfy the requirements for interim or final interdictory relief. The applicant’s assertions of irreparable harm were speculative and unsupported by evidence. The respondents had invested substantially and employed staff, and the balance of convenience did not favour the applicant. On the central legal issue, the court held that, in the absence of contrary provision in the Petroleum Products Act, the common law rule of automatic suspension applies: the lodging of an appeal by the applicant suspended the effect of the third res…
Metro Service Station (PTY) Ltd and Others v Controller of Petroleum Products and Others (D7785/2019) [2022] ZAKZDHC 16 (26 January 2022)
Court
Kwazulu-Natal High Court, Durban
Case number
D7785/2019
Judge
Shapiro AJ
High Court review set aside petroleum site and retail licence approvals and the ministerial appeal decision, holding the applications were legally defective and irrational.
Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (3525/2020) [2021] ZAMPMBHC 49 (22 October 2021)
Court
Mbombela High Court, Mpumalanga
Case number
3525/2020
Judge
B A Mashile
The High Court held that Pine Glow Investments had locus standi to challenge a petroleum licensing decision and dismissed the respondents’ preliminary point.
Lepelle Industrial and Mining Suppliers CC v Streaks Ahead Investment (Pty) Ltd and Others (76409/14) [2016] ZAGPPHC 1149 (24 November 2016)
Court
North Gauteng High Court, Pretoria
Case number
76409/14
Judge
S. A. M. Baqwa
The court found that the applicant had established a prima facie right to relief, as the respondents admitted to contraventions of the Petroleum Products Act and procedural irregularities in obtaining site and retail licences for Erf 3465. The applicant demonstrated ongoing and irreparable harm to its business due to unlawful competition. The balance of convenience favoured the applicant, as the respondents' operations were unlawful and the applicant faced the risk of closure. No adequate alternative remedy was available. The court distinguished the Ouderkraal principle, noting that interim r…
Nine Nine Ninety Nine Projects (Pty) Ltd and Another v Minister: Department of Energy and Others (A543/12) [2014] ZAGPPHC 335 (30 April 2014)
Court
North Gauteng High Court, Pretoria
Case number
A543/12
Judges
Makhubele, Raulinga, Thulare
The High Court upheld an appeal over petroleum site and retail licence refusals, set aside the review order, and sent the matter back for reconsideration.
Malelane Garage (Pty) Ltd t/a Malelane Toyota and Others v Alzu Petrochemicals 2 (Pty) Ltd and Others (60892/2011) [2012] ZAGPPHC 88 (4 June 2012)
Court
North Gauteng High Court, Pretoria
Case number
60892/2011
Judge
P C Van der Byl
Leave to appeal was refused because the interim-relief challenge was not properly substantiated and would have no practical effect given the licensing timeline.
