South Africa: North Gauteng High Court, Pretoria

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[2025] ZAGPPHC 427
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Gruma S.A.B De C.V v Grupo Bimbo S.A.B De C.V and Another (2023-133078) [2025] ZAGPPHC 427 (7 May 2025)
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REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO.: 2023-133078
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: NO
Date: 7 May 2025
E van der Schyff
In the matter between:
GRUMA S.A.B. DE C.V. Applicant
and
GRUPO BIMBO S.A.B. DE C.V. First Respondent
THE COMPANIES AND INTELLECTUAL
PROPERTY COMMISSION Second Respondent
JUDGMENT
Van der Schyff J
Introduction
[1] This is an application for leave to appeal. The applicant in this application for leave to appeal was the applicant when the initial application was heard.
[2] A written judgment was handed down containing the reasoning underpinning the dismissal of the applicant’s application. After having considered both parties’ quite extensive heads of argument in this application for leave to appeal, and heard both counsel, I am of the view that a compelling reason exists why the appeal should be heard. Since the contentious issue raised by the applicant revolves around obtaining clarity on a point of law, it is appropriate for leave to appeal to the Supreme Court of Appeal to be granted.
ORDER
In the result, the following order is granted:
1. The applicant’s application for leave to appeal to the Supreme Court of Appeal is granted.
2. The costs of this application are costs in the appeal.
E van der Schyff
Judge of the High Court
Delivered: This judgment is handed down electronically by uploading it to the electronic file of this matter on CaseLines.
For the applicant: |
Adv. P. Cirone |
Instructed by: |
Spoor & Fisher |
For the respondent: |
Adv. K Iles |
Instructed by: |
Hahn & Hahn |
Date of the hearing: |
7 May 2025 |
Date of judgment: |
7 May 2025 |