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[2018] ZAGPJHC 27
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Norman and Gary Abkin Dunswart Properties (Pty) Ltd and Another v Lam and Others (20204/2017) [2018] ZAGPJHC 27 (22 February 2018)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
DATE:
22/02/18
CASE:
20204/2017
REPORTABLE:
YES
/ NO
OF
INTEREST TO OTHER JUDGES:
YES
/ NO
In
the matter between:
NORMAN
& GARY ABKIN DUNSWART
PROPERTIES
(PTY) LTD
FIRST
APPELLANT
MANUEL
FERNANDO MARTINS COSTA
SECOND APPELLANT
HOLDINGS
(PTY) LIMITED
AND
PAK
MAN
LAM
FIRST RESPONDENT
CHUNG
FUNG METAL INDUSTRIAL
HOLDINGS
(PTY) LTD
SECOND
RESPONDENT
KEE
WAH INVESTMENTS (PTY) LTD THIRD
RESPONDENT
CHUNG
FUNG (PTY) LTD
FOURTH
RESPONDENT
NORMAN
ABKIN
FIFTH
RESPONDENT
GARY
ABKIN
SIXTH RESPONDNET
JUDGMENT
TWALA J
[1]
Before this Court, is an application for leave to appeal the whole of
the judgment and order given against the appellants on
the 14
th
of December 2017. The reasons for the leave to appeal appear in the
application and need not be repeated in this judgment.
[2]
Section 17 of the Superior Courts Act, Act 10 of 2013 provides as
follows with regard to leave to appeal:
“
1. Leave
to appeal may only be given where the judge or judges concerned are
of the opinion that-
a)
(i)
the appeal would have a reasonable prospect of success; or
(ii)
there is some other compelling reason why the appeal should be heard,
including conflicting judgments on the matter under consideration;
b)……………………………….
[3]
I am satisfied that the relevant issues in this matter have been
addressed in my judgment. I am therefore not persuaded that
the
appeal has a reasonable prospect of success and that another Court
may come to a different finding.
[4]
In the circumstances, I make the following order:
a)
The
application for leave to appeal is dismissed with costs.
_________________
TWALA
J
JUDGE
OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION
Date
of hearing:
15 February 2018
Date
of Judgment:
22 February 2018
For
the Appellant:
Advocate:
LC Leysath
Instructed
by:
MF Martins Costa Attorneys
Tel: 011 894
3727
For
the Respondent:
Advocate: J Kaplan
Instructed
by:
Ian Levitt Attorneys
Tel: 011 784
3310