Bally Gaming Inc v TCS John Huxley (Pty) Ltd

• Jurisdiction: South Africa
• Judge: TAN Makhubele AJ
• Judgment Date: 27 October 2016
• Docket Number: Patent 2000/5613
• Court: Commissioner of Patents
• Hearing Date: 12 September 2016
• Citation: 2016 JDR 1990 (COP)

Makhubele AJ:

[1]

On 13 June 2016, the defendant filed a notice of application for leave to appeal the whole of my judgment and orders dated 17 May 2016 and delivered on 23 May 2016.

[2]

The application for leave to appeal was heard on 12 September 2016, after which I advised the representatives for both parties that judgment would be ready before the end of my acting stint at the time, which was 23 September 2016. Close to the end of my acting stint, I requested my Registrar, Ms Shirley Ontong to advise both parties

2016 JDR 1990 p2

Makhubele AJ

that judgment would be delivered on 23 September 2016. She assured me that the date had been communicated to both parties, however, when I arrived in court, there was no appearance on behalf of both parties. Counsel who was due to appear in another matter before me confirmed that there was a person (female) in court earlier on who made enquiries about noting a judgment before me. This person left the courtroom without leaving a message. She did not return until the court adjourned after I heard the other matter. I then requested the Registrar to inform the parties that I will prepare this written judgment.

[2]

I have carefully considered;

(a) the grounds of appeal in the notice of application for leave to appeal,

(b) the oral arguments advanced by the representatives of both parties at the hearing of the application, and;

(c) the reasons for my judgment against which leave to appeal is being sought.

2016 JDR 1990 p3

Makhubele AJ

[3]

What is expected of me at this stage is to consider, objectively, whether there are reasonable prospects of another court coming to a different conclusion than that I arrived at in my judgment. I am not required to justify my judgment or offer an interpretation thereof. This is also not an opportunity for me to re-write or supplement my judgment.

[4]

Having considered all the above, I am not convinced that there are reasonable prospects of another court, faced with;

(a) the same facts and questions of law in the pleadings before me, and;

(b) the circumstances under which the expert evidence of the defendant and the counter-claim against the plaintiff were abandoned;

coming to a different conclusion than that I arrived at in my judgment.

[5]

Accordingly, I make the following order:

2016 JDR 1990 p4

Makhubele AJ

[5.1]

The application for leave to appeal is dismissed with costs.

TAN MAKHUBELE

Acting Judge of the High Court

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