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2024
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[2024] ZAGPJHC 78
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Cisa Specialita Alimentari S.R.L. v Africa's Best Foods (Pty) Ltd (26828/2021) [2024] ZAGPJHC 78 (29 January 2024)
IN
THE HIGH COURT OF SOUTH AFRICA
(Gauteng
Division, Johannesburg)
Case no: 26828/2021
In
the matter between
CISA
SPECIALITÁ ALIMENTARI
S.R.L.
APPLICANT
Versus
AFRICA'S
BEST FOODS (PTY) LTD
RESPONDENT
JUDGMENT
WRIGHT , J
1.
The respondent in the main application seeks a postponement.
2.
The parties have been at each others’ throats for some time.
3.
The dispute is a commercial one. Each side seeks money from the
other.
4.
The parties point fingers at each other, regarding procedure.
5.
The application for a postponement appears to have been brought late.
6.
On the other hand, it appears that the main applicant’s
attorney refused
to accept service of summons in South Africa in a
counterclaim of sorts. This caused the main respondent to have to go
the route
of edictal citation and service of an intendit in Italy.
7.
In short, the main respondent wants a postponement so that the recent
action
proceedings, served in Italy, can be consolidated with the
present application.
8.
There appear to be deep disputes of fact underlying the greater
dispute. Whether
or not the present application is to be ultimately
consolidated with the pending action is for another court to decide.
That consolidation
application should be determined in due course.
9.
It would be unwise of me to decide now today’s costs.
ORDER
1.
The main application is postponed sine die, costs reserved.
2.
The question of the costs of the postponement application are
reserved.
_________________________________________
GC Wright
Judge of the High Court
Gauteng Division,
Johannesburg
Heard: 29 January 2024
Delivered: 29 January
2024
Appearances:
For the
applicant:
Advocate M Nieuwoudt
Instructed
by:
Werth Scroder Inc Attorneys
For the
respondent:
Mr. Opperman
Instructed
by:
C & O Inc Attorneys