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[2010] ZAWCHC 591
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Page v Park 2000 Development (Pty) Ltd (8400/2006) [2010] ZAWCHC 591 (1 December 2010)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT, CAPE TOWN)
CASE
NUMBER
:
8400/2006
DATE:
1
DECEMBER 2010
In the matter between:
RODNEY
WILMOT PAGE
…..............................................
Applicant
(Plaintiff)
and
PARK
2000 DEVELOPMENT (PTY) LTD
….............
Respondent
(Defendant)
JUDGMENT
(Application for leave
to appeal)
SMIT.
AJ
:
In this matter I gave
judgment in favour of plaintiff. Defendant has brought an application
for leave to appeal and I have been
persuaded that there is a
reasonable prospect of success on appeal.
Mr
Scholtz
contended
that leave to appeal should be granted to the Supreme Court of Appeal
and he has persuaded me that, in view of the apparent
conflict which
exists at provincial level regarding the interpretation of
contractual suspensive conditions, leave should be granted
to appeal
to the Supreme Court of Appeal
I accordingly grant
leave to appeal to the Supreme Court of Appeal. The costs of this
application shall be costs in the appeal.
SMIT,
AJ
/IM
/...