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[2023] ZAGPPHC 593
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Quantum Foods (Pty) Ltd v Kemell Investments (Pty) Ltd (45960/2021) [2023] ZAGPPHC 593 (24 July 2023)
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: 45960/2021
(1)
REPORTABLE: YES/NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: NO
Date: 24 July
2023
E van der Schyff
In
the matter between:
QUANTUM
FOODS (PTY) LTD
APPLICANT / OPPONENT
and
KEMELL INVESTMENTS (PTY)
LTD
RESPONDENT
/ TRADE MARK APPLICANT
JUDGMENT
Van
der Schyff J
Introduction
[1] This is an
application for leave to appeal against the judgment and order handed
down on 3 May 2023.
[2] It is by now,
trite that
s 17
of the
Superior Courts Act 10 of 2013
raised the
threshold for leave to appeal to be granted. If no compelling reason
is found to exist as to why the appeal should be
heard, an applicant
must make out a case that the appeal would have a reasonable prospect
of success.
[3]
The Supreme
Court of Appeal’s expressed view is that leave to appeal should
only be granted where there is a ‘sound
rational basis for the
conclusion that there are prospects of success on appeal’.
[1]
[4] After
considering the grounds of appeal and the submissions made by
counsel, I am not of the view that there is any reasonable
prospect
of success on appeal.
ORDER
In
the result, the following order is granted:
1.
The application for leave to appeal is dismissed.
E van der Schyff
Judge of the High Court
Delivered:
This judgement is handed down electronically by uploading it to the
electronic file of this matter on CaseLines.
As a courtesy gesture,
it will be emailed to the parties/their legal representatives.
For the applicant:
Adv. L. Van Dyk
Instructed by:
Werksmans Inc.
Date of the
hearing:
19 July 2023
Date of judgment:
24 July 2023
[1]
Four
Wheel Drive Accessory Distributors CC v Rattan NO
2019
(3) 451 (SCA) at par [34].