Lendtech Investment Holdings Private Limited v IMS Tech Corp Limited and others (Leave to Appeal)
| Jurisdiction | http://justis.com/jurisdiction/166,South Africa |
| Judge | Wright J |
| Judgment Date | 18 September 2023 |
| Citation | 2023 JDR 3561 (GJ) |
| Hearing Date | 18 September 2023 |
| Docket Number | 2023-025384 |
| Court | Gauteng Local Division, Johannesburg |
Wright J:
On 6 June 2023 I handed down a typed, signed judgment in the main application. This judgment is to be read with that judgment.
Lendtech now seeks leave to appeal my order of 6 June 2023.
In my view and with the provisions of section 17(1)(a)(i) of the Superior Courts Act 10 of 2013 in mind the applicant, Lendtech has no reasonable prospect on appeal and under section 17(1)(a)(ii) there is no other compelling reason why leave to appeal should be granted.
The respondents sought dismissal of this application with costs on a punitive scale. The arguments are that this application, like that before me originally, is hopeless and there has been a change of tack in argument on appeal.
I would not go so far as to find that the present application is dishonest just because there is a change in argument. Taking perhaps a somewhat lenient view of the applicant’s case now, ordinary costs suffice in the present application.
2023 JDR 3561 p3
Wright J
ORDER
The application is dismissed with costs, including those of two counsel where so employed.
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
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HEARD: |
18 September 2023 |
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DELIVERED: |
18 September 2023 |
APPEARANCES:
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APPLICANT |
Adv Anthonie Jansen Van Vuuren SC |
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vanv@law.co.za |
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Instructed by |
KapdiTwala Inc t/a Vanessa Jacklin-Levin and Kirith Haria |
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Vanessa.jacklinlevin@dentons.com/ |
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Kirith.haria@dentons.com / Johannesburg.litigations.com |
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1st to 4th RESPONDENTS |
Adv Alfred Cockrell SC |
2023 JDR 3561 p4
Wright J
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Adv Luke Kelly |
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Jeremy@gauntlett.co.za |
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Luke.kelly@capebar.co.za |
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Instructed by |
CMS Attorney |
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siphokazi.kayana@cms-rm.com |
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nomfundo.m-jackson@cms-rm.com |
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5th RESPONDENT |
Adv Nazeer Cassim SC |
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Adv Yakoob Alli |
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Ncassim@law.co.za |
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Alli@counsel.co.za |
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Instructed by |
Webber Wentzel Attorneys |
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Priyesh.daya@webberwentzel.com |
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martin.hattingh@webberwentzel.com |
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6th and 7th RESPONDENTS |
Adv Dennis Fine SC |
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Adv Makhotso Lengane |
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Dennis@counsel.co.za |
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Lengane@group621.co.za |
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Instructed by |
Werksmans Attorneys |
2023 JDR 3561 p5
Wright J
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Cmanaka@werksmans.com |
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abilatyi@werksmans.com |
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krapoo@werksmans.com |
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