About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Western Cape High Court, Cape Town
SAFLII
>>
Databases
>>
South Africa: Western Cape High Court, Cape Town
>>
2010
>>
[2010] ZAWCHC 543
|
|
Kirsten NO and Others v ABSA Bank Ltd (13911/2010) [2010] ZAWCHC 543 (11 November 2010)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT, CAPE TOWN)
CASE
NUMBER
:
13911/2010
DATE
:
11
NOVEMBER 2010
In the matter between:
MARIA
MARGARETHA KIRSTEN NO.
(J
F Kirsten Trust IT139/82)
…....................................................
1
st
Applicant
SPRINGFEVER
INVESTMENTS 21 (PTY) LTD
…......................
2
nd
Applicant
JOHAN
FREDERICK KIRSTEN
…...............................................
3
rd
Applicant
and
ABSA
BANK LIMITED
…..............................................................
Respondent
JUDGMENT
(Application for
leave to appeal)
GAMBLE.
J
:
This is an application
for leave appeal against the summary judgment which was granted in
favour of the Plaintiff Bank at the
end of September this year. The
application is for leave to appeal to the full bench of this
division.
The
arguments which were advanced before me this morning are in essence
similar to the arguments which were advanced at the hearing.
I am
not convinced that there are reasonable prospects of success for the
defendants on appeal. I believe that the judgment adequately
addresses the issues raised by Mr
Van
Riet
.
In the circumstances, the
APPLICATION
FOR LEAVE TO APPEAL IS REFUSED WITH COSTS
.
Because the suretyship makes provision for a cost order to be on the
scale as between attorney and own client, the cost in the
application for leave to appeal will be on the scale as between
attorney and own client.
GAMBLE,
J