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[2010] ZAWCHC 336
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Lest v Lindsay and Wendy Baron Fam Family Trust (12280/06) [2010] ZAWCHC 336 (26 October 2010)
IN THE HIGH COURT OF
SOUTH AFRICA
(WESTERN CAPE HIGH COURT,
CAPE TOWN)
CASE
NUMBER
:
12280/06
DATE
:
26
OCTOBER 2010
In the matter between:
VAN
PER LEST
…..........................................................
Applicant
(Defendant)
and
LINDSAY AND WENDY
BARON
FAMILY
TRUST
…......................................................
Respondents
(Plaintiffs)
JUDGMENT
(Application for Leave
to Appeal)
GRIESEL.
J
:
In this matter summary
judgment was granted against the defendant in the amount as claimed
by the Plaintiffs. The defendant has
thereupon noted an application
for leave to appeal and the grounds of appeal are set out in the
notice which is not necessary for
me to repeat for purposes hereof.
I have given careful
consideration to the points raised on behalf of the defendant and
although I am satisfied that the end result
may have been correct, I
am of the view that there is a reasonable prospect at this stage that
another court might find differently.
Counsel were agreed that
this is not a matter that deserves the attention of the Supreme Court
of Appeal and in the circumstances
leave to appeal against the whole
of the judgment is granted to the full bench of this division, the
cost of the application for
leave to appeal will be costs in the
appeal.
GRIESEL.
J