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[2010] ZAWCHC 432
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Rebolini v Mossel Bay Municipality and Another (15855/2008) [2010] ZAWCHC 432 (30 July 2010)
IN THE HIGH COURT OF
SOUTH AFRICA
(
WESTERN
CAPE HIGH COURT. CAPE TOWN)
CASE
NO
:
15855/2008
DATE
:
30JULE2010
In the matter between:
ORAZIO
AMILCARE GIUSEPPE REBOLINI
….............................................
Applicant
and
MOSSEL
BAY MUNICIPALITY
…........................................................
1
st
Respondent
DA
GAMA MEDIESE SENTRUM CC
…..............................................
2
nd
Respondent
JUDGMENT
(Application for Leave to
Appeal)
MULLER.
AJ
:
This
is application for leave to appeal against a judgment which was
handed down on the 2
nd
of
June 2010. The judgment itself covers a great deal of ground, as did
the application which at the time served before me. An application
for leave to appeal has now been launched by the applicant in whose
favour a number of orders were made. Ms
Williams
has
submitted that another court might reasonably come to a different
decision from those decisions which I arrived at. Mr
Van
der Riet
unsurprisingly
submits to the contrary.
I have considered the
arguments and the application for leave to appeal. Suffice to say
that in my judgment another court is unlikely
to come to any
different conclusion. All the decisions and orders that I made
required an element of judgment and discretion to
be applied and,
while another Judge might approach the matter somewhat differently, I
am not persuaded that a court sitting as
a court of appeal would
conclude that in any respects I have misdirected myself or failed to
consider relevant facts or for some
other reason would feel
constrained to interfere with the discretions which I exercised.
For those reasons, in my
judgment the application for leave to appeal must fail and it is
dismissed. The cost must follow the event
of the application for
leave to appeal. The applicant will pay the cost of the application
for leave to appeal.
MULLER,
AJ