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[2010] ZAWCHC 414
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Pellissier v Pellissier and Another (15818/2009) [2010] ZAWCHC 414 (3 June 2010)
IN THE HIGH COURT
OF SOUTH AFRICA
(WESTERN CAPE HIGH
COURT, CAPE TOWN)
CASE
NUMBER
:
15818/2009
DATE
:
3
JUNE 2010
In the matter between:
SAMUEL
HENRI PELLISSIER
….......................................................
Applicant
and
EULOGY
PELLISSIER
….........................................................
1
st
Respondent
DIE
BALJU. STELLENBOSCH
…...........................................
2
nd
Respondent
JUDGMENT
Application for Leave
to Appeal
ALLIE.
J
:
In
this matter I am of the view that in the light of the Court's finding
about whether the first respondent was entitled to claim
payment of
school fees for which she was not liable to the schools and for which
the Court found the applicant had assumed liability,
and in the light
of the decision of
Fish
Hoek Primary School v GW
.
a Supreme Court of Appeal decision that came out subsequent to the
delivering of this judgment, there is a reasonable prospect
that
another court may come to a different conclusion, and so I am
granting leave to appeal to the Full Bench of this division.
The
costs of this application will be costs in the appeal.
ALLIE, J