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2024
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[2024] ZAGPJHC 122
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Crazy Plastics v Moodley (39002/2023) [2024] ZAGPJHC 122 (6 February 2024)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
CASE
NO
: 39002/2023
DATE
:
06-02-2024
1.
Reportable: Yes/No
2.
Of interest to other judges: Yes/No
3.
Revised: Yes/No
In
the matter between
CRAZY
PLASTICS
Plaintiff
And
MOODLEY
Defendant
JUDGMENT
LEAVE
TO APPEAL
YACOOB,
J
:
The
applicants were the respondents in the main application and seek
leave to appeal against my judgment granting various relief
in the
form of information and financial statements to the respondent.
I
have read and considered the application for leave to appeal and the
heads of argument submitted by the respondent and considered
the
argument presented today orally by both Mr West and Mr Kela.
In my
view, the applicants for leave rely on highly technical bases for
declining to give the respondent information, as they did
in the main
application, and seek to protect that position without necessarily
having a basis for that protection.
I am
satisfied that the relief granted is supported by the facts as they
were pleaded, including the evidence annexed to the affidavits
and by
the law.
The
applicant does not provide, in my view, any legal basis for its
position other than its own
ipse dixit
whereas it seems to require a watertight, belt-and-braces legal basis
from the respondent.
I am
not satisfied that another Court would come to a substantially
different conclusion on these particular facts and therefore
the
application for leave to appeal is dismissed with costs.
YACOOB, J
JUDGE OF THE HIGH
COURT
DATE
: