"The order is not final. It applies pending the English proceedings‚" she said.
"The order doesn't dispose of the relief sought in the English courts. It only preserves the safety of the aircraft‚" Setiloane found.
In March‚ Setiloane ordered Westdawn Investments to return the aircraft within 15 days of the date of the order‚ pending the final determination Westdawn Investments and EDC in the High Court of Justice in the United Kingdom.
She also interdicted and restrained the companies and the Gupta family from "possessing‚ disposing or using" the aircraft.
The Guptas earlier argued that the court did not have jurisdiction to hear the application.
" The court lacks jurisdiction to entertain the application. The court has no influence over the English court‚" their counsel argued.
Gupta family lose court bid on return of luxury jet
The South Gauteng High Court has dismissed an application for leave to appeal her order compelling the Gupta family to return an aircraft it bought through a Canadian bank.
The Export Development Canada (EDC) lent the Guptas $41m to buy their Bombardier jet.
The bank approached the court on an urgent basis asking it to direct that Bombardier Global 6000 with the tail number ZS-OAK be grounded because the family defaulted on repayments and to stop it from using it to commit crimes or flee from justice.
The bank said it feared the aircraft would be seized by the Asset Forfeiture Unit (AFU).
Judge Kathree Setiloane in the South Gauteng High Court said on Thursday her order was not final and that it would not be in the interest of justice to grant leave to appeal in an interim ruling.
"The order is not final. It applies pending the English proceedings‚" she said.
"The order doesn't dispose of the relief sought in the English courts. It only preserves the safety of the aircraft‚" Setiloane found.
In March‚ Setiloane ordered Westdawn Investments to return the aircraft within 15 days of the date of the order‚ pending the final determination Westdawn Investments and EDC in the High Court of Justice in the United Kingdom.
She also interdicted and restrained the companies and the Gupta family from "possessing‚ disposing or using" the aircraft.
The Guptas earlier argued that the court did not have jurisdiction to hear the application.
" The court lacks jurisdiction to entertain the application. The court has no influence over the English court‚" their counsel argued.