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[2010] ZAWCHC 446
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Municipality of Stellenbosch v Shelf-Line 104 (Pty) Ltd (3015/2009) [2010] ZAWCHC 446 (20 August 2010)
IN THE HIGH COURT OF
SOUTH AFRICA
(WESTERN CAPE HIGH COURT. CAPE TOWN)
CASE
NO
.
3015/2009
DATE
:
20
AUGUSTUS 2010
In
the matter between:
MUNICIPALITY
OF STELLENBOSCH
…............................................
Applicant
and
SHELF-LINE
104 (PTY) LIMITED
…................................................
Respondent
JUDGMENT
(Application for leave
to appeal)
GOLIATH.
J
:
This is an application
for leave to appeal against the judgment and order which I gave in
this matter on 31 May 2010. The case involves
the interpretation of
certain resolutions adopted by the applicant which impacted on the
respondent's obligation to pay Bulk Infra-structure
Contribution
Levies, known as BICLs.
In my judgment I have
dealt with these issues. However, BICLs are a relatively novel issue
and I am of the view that another court
may come to a different
conclusion. I am therefore satisfied that there are reasonable
prospects of success on appeal.
The
parties agreed that if leave to appeal were to be granted, the
appropriate forum to hear the appeal would be the Supreme Court
of
Appeal. I am in agreement with this view.
In the result the
following order is made: The application for leave to appeal is
granted, the appeal is directed to the Supreme
Court of Appeal, the
costs in the application for leave to appeal are to be the costs in
the appeal.
GOLIATH,
J