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2021
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[2021] ZAGPJHC 385
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Zurich Insurance Company South Africa Limited v Gauteng Provincial Government (2015/07148) [2021] ZAGPJHC 385 (15 June 2021)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
CASE
NUMBER: 2015/07148
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
REVISED
In
the matter between:
ZURICH
INSURANCE COMPANY
SOUTH
AFRICA
LIMITED
Applicant
And
GAUTENG
PROVINCIAL
GOVERNMENT
Respondent
Coram:
Wepener J
Date
of hearing: 15 June 2021
Date
of judgment: 15 June 2021
JUDGMENT
Wepener,
J:
[1]
The applicant seeks leave to appeal a judgment delivered by me on 2
March 2021. The
notice of application for leave to appeal sets out a
large number of issues. These were reduced to three during argument
namely:
that the order issued by me is incapable of practical
enforcement and secondly; that the claim had become prescribed and
thirdly;
that the rock surrounding the tunnel, although part of the
works, did not form part of the property insured.
[2]
The respondent’s resisted all three grounds. However, I am of
the view that
another court may, reasonably, come to a different
conclusion on these three issues.
[3]
I consequently grant leave to appeal to the Supreme Court of Appeal
on the following
issues:
1.
Whether the order issued by this court is capable of practical
enforcement;
2.
Whether the respondent’s claim had become prescribed;
3.
Whether the rock surrounding the void formed part of the property
insured.
[4]
I order that the applicant is to ensure that the record of appeal is
suitably truncated
in order to omit those parts of the record that
will not have a bearing on the issues to be considered by the Supreme
Court of
Appeal.
[5]
The Costs of the application for leave to appeal are to be costs in
the appeal.
W.L.
Wepener
Judge
of the High Court of South Africa
Appearances
Counsel
for the Applicant: C.D.A. Loxton SC with D. Smith
Attorney
for Applicant: Knowles Husain Lindsey Incorporated Ref: Mr. P.
Ferreira
Counsel
for the Respondent: A. Subel SC with A.C. Botha SC
Attorney
for the Respondent: Werksmans Attorneys Ref: Mr. D. Willans