First Group Investment Holdings (Pty) Ltd v National Credit Regulator and Another (Leave to Appeal) (A32/2023) [2023] ZAGPPHC 1332 (30 November 2023)

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

 

DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: YES/NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED DATE: 30 November 2023   SIGNATURE:.……………………

Case No. A32/2023

In the matter between:
FIRST GROUP INVESTMENT HOLDINGS (PTY) LTD	APPELLANT
And
NATIONAL CREDIT REGULATOR	FIRST RESPONDENT
THE NATIONAL CONSUMER TRIBUNAL	SECOND RESPONDENT
_______________________________________________________________________ Coram: Millar J et Ally AJ   Heard on: 28 November 2023     Delivered:   30 November 2023 - This judgment was handed down electronically by circulation to the parties' representatives by email, by being uploaded to the CaseLines system of the GD and by release to SAFLII. The date and time for hand-down is deemed to be 12H00 on 30 November 2023.

 

JUDGMENT

 

THE COURT

 

 

[1] This is an application for leave to appeal against a judgment and order handed down on 19 September 2023 in which the appeal of the appellant was upheld. The first respondent now applies for leave to appeal.

 

[2] We have carefully considered the order granted and the reasons set out in the judgment together with the arguments presented at the hearing of the application for leave to appeal and in the heads of argument filed by all the parties.

 

 

[3] We are not persuaded that another court would come to a different conclusion or that there are any other compelling reasons why leave to appeal ought to be granted.

 

 

[4] In the circumstances it is ordered:

 

 

[4.1] The application for leave to appeal is refused with costs which costs are to include the costs consequent upon the employment of 2 counsel.

 

 

 

_____________________________

 

A MILLAR

JUDGE OF THE HIGH COURT

GAUTENG DIVISION, PRETORIA

 

 

_____________________________

 

I AGREE G ALLY

ACTING JUDGE OF THE HIGH COURT

GAUTENG DIVISION, PRETORIA

 

 

HEARD ON: 28 NOVEMBER 2023

JUDGMENT DELIVERED ON: 30 NOVEMBER 2023

 

COUNSEL FOR THE APPELLANT/RESPONDENT: ADV. G AMM

ADV. B EDWARDS

 

INSTRUCTED BY: HSG ATTORNEYS

REFERENCE: MR. F DAVIDS

 

COUNSEL FOR THE FIRST RESPONDENT/APPLICANT: ADV. P CARSTENSEN SC

ADV. P LONG

 

INSTRUCTED BY: M INC. ATTORNEYS

REFERENCE: MR. K KALPOO