Huntrex 302 (Pty) Ltd and Others v Investec Bank Ltd and Others (D3036/2021) [2021] ZAKZDHC 37 (17 August 2021)

30 Reportability
Civil Procedure

Brief Summary

Appeal — Application for leave to appeal — Dismissal of application for leave to appeal with costs — Court not finding reasonable prospect of success for the appeal — No compelling reasons presented for the appeal to be heard.

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[2021] ZAKZDHC 37
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Huntrex 302 (Pty) Ltd and Others v Investec Bank Ltd and Others (D3036/2021) [2021] ZAKZDHC 37 (17 August 2021)

IN
THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL LOCAL
DIVISION, DURBAN
CASE
NO: D3036
/2021
In the matter between:
HUNTREX
302 (PTY)
LTD                                                                      First

Applicant
PERSONIFY
INVESTMENTS
(PTY)                                                 Second

Applicant
MISTY
BLUE INVESTMENTS (PTY)
LTD                                             Third

Applicant
and
INVESTEC
BANK
LTD                                                                       First

Respondent
THE
SHERIFF OF THE HIGH
COURT,                                        Second

Respondent
INANDA AREA 2
THE
SHERIFF OF THE HIGH
COURT                                             Third

Respondent
DURBAN COASTAL
IAN
WYLES
AUCTIONEERS                                                         Fourth

Respondent
JUDGMENT
Delivered on: 17 August
2021
Ploos
van Amstel J
The
application for leave to appeal is dismissed with costs, including
those occasioned by the employment of senior counsel, on
the grounds
that I am not of the opinion that the appeal would have a reasonable
prospect of success, nor is there any compelling
reason why the
appeal should be heard.
Ploos
van Amstel J
Appearances:
For
the Applicant
Instructed
by:                T
Giyapersad Incorporated
Durban
For
the Respondent
Instructed
by:                Johnston
and Partners
Durban
By
agreement between the parties this matter was dealt with on the
papers, without oral argument. The order was delivered by electronic

transmission to the parties’ attorneys on the 17 August 2021,
and by placing it in the court file.
Date
of Judgment for application for leave to appeal:    17
August 2021