2
IN THE HIGH COURT OF SOUTH AFRICA
(Gauteng Division, Johannesburg)
(1) REPORTABLE: YES / NO
(2) OF INTEREST TO OTHER JUDGES: YES / NO
(3) REVISED.
________________
DATE SIGNATURE
Case no: 26828/2021
In the matter between
CISA SPECIALITÁ ALIMENTARI S.R.L. APPLICANT
Versus
AFRICA'S BEST FOODS (PTY) LTD RESPONDENT
______________________________________________________________________
JUDGMENT
WRIGHT , J
1. The respondent in the main application seeks a postponement.
2. The parties have been at each others’ throats for some time.
3. The dispute is a commercial one. Each side seeks money from the other.
4. The parties point fingers at each other, regarding procedure.
5. The application for a postponement appears to have been brought late.
6. On the other hand, it appears that the main applicant’s attorney refused to accept service of summons in South Africa in a counterclaim of sorts. This caused the main respondent to have to go the route of edictal citation and service of an intendit in Italy.
7. In short, the main respondent wants a postponement so that the recent action proceedings, served in Italy, can be consolidated with the present application.
8. There appear to be deep disputes of fact underlying the greater dispute. Whether or not the present application is to be ultimately consolidated with the pending action is for another court to decide. That consolidation application should be determined in due course.
9. It would be unwise of me to decide now today’s costs.
ORDER
1. The main application is postponed sine die, costs reserved.
2. The question of the costs of the postponement application are reserved.
_________________________________________
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
Heard: 29 January 2024
Delivered: 29 January 2024
Appearances:
For the applicant: Advocate M Nieuwoudt
Instructed by: Werth Scroder Inc Attorneys
For the respondent: Mr. Opperman
Instructed by: C & O Inc Attorneys