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[2021] ZAGPPHC 157
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Mineral-Loy (Pty) Ltd v Highveld Steel and Vanadium Limited and Others (34321/10) [2021] ZAGPPHC 157 (4 March 2021)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
Case no: 34321/10
REPORTABLE: NO
OF INTEREST TO OTHER
JUDGES:NO
REVISED
In the matter between:
MINERAL-LOY
(PTY) LTD
Plaintiff
(Respondent in the
application for leave to appeal)
and
HIGHVELD STEEL &
VANADIUM CORPORATION
LTD
STEEL AND VANADIUM LIMITED
First
Defendant
TRANSALLOYS
(PTY)
LTD
Second
Defendant
(Applicant in the
application for leave to appeal)
JUDGMENT
AC BASSON, J
[1]
The defendant (applicant
in the application for leave to appeal) seeks leave to appeal both
against the costs order (as handed down
on 27 January 2020) and the
finding in the application for reconsideration of the costs order in
terms of Rule 34(12) (as handed
down on 30 October 2020).
[2]
The
grounds for leave to appeal have been fully ventilated in both
parties’ heads of argument.
[3]
Section
17(1) of the Superior Courts Act
(“the
Act”)
[1]
provides
that leave to appeal may only be granted where the Judge or Judges
concerned are of the opinion that —
“
(
a
)
….
(i) the appeal would have
a reasonable prospect of success; or
(ii) there is some other
compelling reason why the appeal should be heard, including
conflicting judgments on the matter under consideration”
[4]
I
am, after having considered all the submissions, persuaded that the
defendant (applicant) has satisfied the requirements of section
17(1)(a) of the Act regarding the prospects of success on appeal.
Accordingly, the application for leave to appeal is granted.
Costs
are costs in the appeal.
[5]
It
is further ordered that the appeal against the costs order made in
the judgment handed down on 27 January 2020 and the appeal
against
the order for a re-consideration of the costs order handed down on 2
November 2020 be heard by the same court (the Full
Court of this
Division).
Delivered:
This judgment was prepared and authored by the Judge whose name is
reflected and is handed down electronically
by circulation to the
Parties/their legal representatives by email and by uploading it to
the electronic file of this matter on
CaseLines. The date for
hand-down is deemed to be 4 March 2021.
________
________________________
A.C.
BASSON
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION OF THE HIGH COURT, PRETORIA
Electronically
submitted therefore unsigned
Appearances
For
the plaintiff / respondent
:
Adv G Kairinos
SC
Adv A Schluep
Instructed
by:
Andrew
Duff Attorneys
For
the defendant / applicant:
Adv J
Daniels SC
Adv CT Vetter
Instructed
by:
Mervyn
Taback Inc
[1]
Act 10 of 2013.