SMEC South Africa (Pty) Ltd v South African Road Agency SOC Ltd (091385/2023) [2024] ZAGPPHC 118 (8 February 2024)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Application for leave to appeal — Dismissal of application for leave to appeal with costs — No reasonable prospect of success in appeal — No compelling reason for appeal to be heard. The applicant sought leave to appeal against a prior judgment. The court found that the applicant had no reasonable prospect of success and that there were no compelling reasons to justify an appeal. The application was dismissed with costs, including the costs of senior counsel.

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[2024] ZAGPPHC 118
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SMEC South Africa (Pty) Ltd v South African Road Agency SOC Ltd (091385/2023) [2024] ZAGPPHC 118 (8 February 2024)

IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
CASE
NUMBER: 091385/2023
In
the matter between:
SMEC
SOUTH AFRICA (PTY)
LTD
APPLICANT
and
SOUTH
AFRICAN ROAD AGENCY
SOC
RESPONDENT
LTD
Judgment
is
herewith
provided
electronically
by
circulation
to
the
parties’
representatives by email and uploaded on CaseLines. The date and time
for it is deemed to be 10h00 on 8 February
2024.
JUDGMENT
LE
GRANGE AJ:
2
The
application for leave to appeal is dismissed with costs, to include
the cost of senior counsel, on the grounds that there is
no
reasonable prospect of success in an appeal and there is no other
compelling reason why an appeal should be heard.
AJ
LE GRANGE
ACTING
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
DATE
OF HEARING: 5 February 2024
DATE
OF JUDGMENT: 8 February 2024
APPEARANCES
For
the applicant:
G
Shakoane SC
On
instruction of
Phaleng-Podile Attorneys
For
the respondent:
S
D Wagener SC
On
instruction of Weavind &
Weavind Attorneys