Stebel NO and Another v Reality Dynamix 104 (Pty) Ltd (7143/2009) [2010] ZAWCHC 435 (5 August 2010)

28 Reportability
Civil Procedure

Brief Summary

Appeal — Application for leave to appeal — Plaintiffs sought leave to appeal against judgment delivered by the court — Court granted leave to appeal to the full court of the division — Costs of the application for leave to appeal to be included in the appeal costs.

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[2010] ZAWCHC 435
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Stebel NO and Another v Reality Dynamix 104 (Pty) Ltd (7143/2009) [2010] ZAWCHC 435 (5 August 2010)

IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT, CAPE TOWN)
CASE
NUMBER: 7143/2009
DATE:
5 AUGUST 2010
In
the matter between:
FREDERICK
PETER STREBEL N.O.
…..........................................
1
st
Plaintiff
JOHAN
VAN PER BURGH N.O.
…..............................................
2
nd
Plaintiff
and
REALTY
DYNAMIX 104 (PTY) LTD
…........................................
Respondent
JUDGMENT
Application
for Leave to Appeal
YEKISO.
J
:
The
reasons for the order I am about to give are set out in a very short
judgment, consisting of no more than two pages. I do
not propose to
read the whole judgment I am about to hand down, save for the order
at the end thereof, which is contained in
paragraph 3 of the
judgment. The order reads as follows:
In
the result I make the following order:
1.
Leave to appeal is granted to the full court of this division
against the whole of my judgment delivered on 3 May 2010.
2.
Costs in the application for leave to appeal shall be costs in the
appeal.
That
is the order.
YEKISO,
J
/bw
/...