Quantum Foods (Pty) Ltd v Kemell Investments (Pty) Ltd (45960/2021) [2023] ZAGPPHC 593 (24 July 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2023 >> [2023] ZAGPPHC 593 | Noteup | LawCite sino index ## Quantum Foods (Pty) Ltd v Kemell Investments (Pty) Ltd (45960/2021) [2023] ZAGPPHC 593 (24 July 2023) Quantum Foods (Pty) Ltd v Kemell Investments (Pty) Ltd (45960/2021) [2023] ZAGPPHC 593 (24 July 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2023_593.html sino date 24 July 2023 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO: 45960/2021 (1)     REPORTABLE: YES/NO (2)     OF INTEREST TO OTHER JUDGES: NO (3)     REVISED: NO Date:   24 July 2023 E van der Schyff In the matter between: QUANTUM FOODS (PTY) LTD                            APPLICANT / OPPONENT and KEMELL INVESTMENTS (PTY) LTD                 RESPONDENT / TRADE MARK APPLICANT JUDGMENT Van der Schyff J Introduction [1]  This is an application for leave to appeal against the judgment and order handed down on 3 May 2023. [2]  It is by now, trite that s 17 of the Superior Courts Act 10 of 2013 raised the threshold for leave to appeal to be granted. If no compelling reason is found to exist as to why the appeal should be heard, an applicant must make out a case that the appeal would have a reasonable prospect of success. [3] The Supreme Court of Appeal’s expressed view is that leave to appeal should only be granted where there is a ‘sound rational basis for the conclusion that there are prospects of success on appeal’. [1] [4]  After considering the grounds of appeal and the submissions made by counsel, I am not of the view that there is any reasonable prospect of success on appeal. ORDER In the result, the following order is granted: 1. The application for leave to appeal is dismissed. E van der Schyff Judge of the High Court Delivered:  This judgement is handed down electronically by uploading it to the electronic file of this matter on CaseLines. As a courtesy gesture, it will be emailed to the parties/their legal representatives. For the applicant: Adv. L. Van Dyk Instructed by: Werksmans Inc. Date of the hearing: 19 July 2023 Date of judgment: 24 July 2023 [1] Four Wheel Drive Accessory Distributors CC v Rattan NO 2019 (3) 451 (SCA) at par [34]. sino noindex make_database footer start