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2024
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[2024] ZAGPJHC 398
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Hard Hat Equipment Hire (Pty) Ltd v K2014137790 (Pty) Ltd TA Rhino Civils and Another (1319/2019) [2024] ZAGPJHC 398 (22 April 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
1.
Reportable: No
2.
Of Interest to other Judges: No
22
April 2024
Case
Number: 1319/2019
In
the matter between:
HARD
HAT EQUIPMENT HIRE (PTY) LTD
RESPONDENT/PLAINTIFF
AND
K2014137790
(PTY) LTD T/A RHINO CIVILS
FIRST DEFENDENT
HECTOR
HAROLD SPARK
APPLICAN/SECOND DEFENDENT
LEAVE
TO APPEAL: JUDGMENT
Vally
J
This
is an application for leave to appeal to the Supreme Court of Appeal
(SCA), alternatively to the full court of the Gauteng
Division of the
High Court, against a judgment and order I issued on 12 March 2024.
Having
read the papers and having extensively debated the grounds of appeal
with the applicant I have come to the conclusion that
there is no
prospect that another court would come to a different conclusion. At
the same time, I am of the view that there are
no compelling reasons
to grant leave to appeal to another court.
The
matter is a very simple one. Costs should be awarded on the lowest
scale.
Accordingly,
the following order is made:
a.
Application for leave to appeal is dismissed with
costs on the A scale
Vally
J
Gauteng
High Court, Johannesburg
Date
of hearing:
22 April 2024
Date
of judgment:
22 April 2024
For
the applicant:
A Bester SC
Instructed
by:
Fairbridges
Wertheim Becker
For
the respondents: J van
Rooyen
Instructed
by:
Donn
E Bruwer Attorneys