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[2010] ZAWCHC 160
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Bidoli v Bidoli and Another (2982/08) [2010] ZAWCHC 160 (14 June 2010)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT, CAPE TOWN)
CASE
NO
2982/08
DATE:
14
JUNE 2010
In
the matter between
GUIDO
BRUNI BIDOLI
Applicant
and
BARBARA UESELOTTE
BIDOLI
1
st
Respondent
ROMOLO BIDOLI
2
nd
Respondent
JUDGMENT
(Application for Leave
to Appeal)
FOURIE. J
:
The applicant seeks
leave to appeal against my judgment handed down on 15 March 2010.
Insofar as it relates to the orders set
out in sub-paragraphs (i)
and (ii) of paragraph 40 thereof, the application is opposed.
It is trite that the
applicant has to show that it has a reasonable prospect of success
on appeal. The fact that the matter is
of substantial importance to
the parties concerned, as well as to the public or a class of the
public also plays a role in the
decision whether to grant leave to
appeal. It appears to me that, although I believe that I have come
to the correct decision
in this matter. I cannot rule out the
possibility that another court may reasonably come to a different
conclusion.
It further appears that
the matter is not only of importance to the parties, but also to
other parties who may be or have been
engaged in arbitration
proceedings In view thereof, I have been persuaded to grant leave to
appeal. I believe that this is a
matter that warrants the attention
of the Supreme Court of Appeal.
In the result the
following order is made:
The applicant is
granted leave to appeal to the Supreme Court of Appeal against my
judgment of 15 March 2010 insofar as it relates
to the orders set
out in paragraph 40(i) and (ii) thereof; and
2. The costs of the
application for leave to appeal are to the costs in the appeal.
FOURIE,
J