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[2010] ZAWCHC 190
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Blackboard Media (Pty) Ltd and Others v Municipality of the City of Cape Town (23056/09) [2010] ZAWCHC 190; ; [2010] 4 All SA 197 (WCC) (13 August 2010)
IN
THE SUPREME COURT OF SOUTH AFRICA
(WESTERN
CAPE, HIGH COURT, CAPE TOWN)
CASE
NUMBER
:
23056/09
DATE
:
13
AUGUST
2010
In
the matter between:
BLACKBOARD
MEDIA (PTY) LTD
1
st
Applicant
TRACTOR
OUTDOOR (PTY) LTD
2
nd
Applicant
CK
OUTDOOR ADVERTISING (PTY)
LTD
3
rd
Applicant
and
THE
MUNICIPALITY OF THE
CITY
OF CAPE TOWN
Respondent
JUDGMENT
(Application
for leave to appeal)
FOURIE.
J
:
The
applicants seek leave to appeal to the Supreme Court of Appeal
against the whole of my judgment handed down on 18 December 2009.
The application is opposed.
It
is trite that in an application of this nature an applicant has to
satisfy the Court that it has a reasonable prospect of success
on
appeal. In addition the provisions of section 21(A) of the Supreme
Court Act, No. 59 of 1959, are to be borne in mind. Section
21(A)(1)
provides that when at the hearing of a civil appeal the issues are of
such a nature that a judgment or order sought wilt
have no practical
effect or result, the appeal may be dismissed on this ground alone.
Section
21(A)(3) further provides that save under exceptional circumstances
the question whether a judgment or order would have
no practical
effect or result, is to be determined without reference to
consideration of costs.
It
appears to me that any order which may be made on appeal will have no
practical effect or result. The relief sought in applicants'
amended
notice of motion, pertains to measures and/or steps taken by
respondent in terms of Annexure R3 to the founding papers.
Annexure
R3 was a communication sent to prospective advertisers by
respondent's agent in order to provide them with information
pertaining to the signage opportunities in Cape Town during the 2010
Fifa World Cup. The World Cup and advertising opportunities
relating
thereto have come and gone with the result that any order which the
Supreme Court of Appeal may make, will in my opinion
have no
practical effect or result. This is also not a case where
considerable costs have been incurred which could constitute
exceptional circumstances justifying an appeal on the issue of costs
only.
I
have
also considered the application on its merits, in my view there is no
reasonable prospect that another Court will come to a
different
conclusion on the issues determined by me.
In
the result the application for leave to
APPEAL
IS
DISMISSED
WITH COSTS
,
including the costs of two counsel.
FOURIE.
J