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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

 

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