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[2024] ZAGPJHC 305
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Standard Bank of South Africa Limited v Master of the High Court Johannesburg and Others (012167/2022) [2024] ZAGPJHC 305 (22 March 2024)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
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Policy
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
Case
No.: 012167/2022
In
the matter between:
STANDARD
BANK OF SOUTH AFRICA LIMITED
APPLICANT
(Registration
Number:[…])
And
THE
MASTER OF THE HIGH COURT
FIRST RESPONDENT
JOHANNESBURG
M.J.D.
BREYTENBACH N.O.
SECOND RESPONDENT
K.C.
MONYELA N.O.
THIRD RESPONDENT
R.F.
LUTCHMAN N.O.
FOURTH RESPONDENT
(Second
to Third respondents cited in their capacity as joint liquidators of
Genflex (Pty)
Ltd
(in liquidation) Registration Number:[…])
GENFLEX
(PTY) LTD (in liquidation)
FIFTH RESPONDENT
Registration
Number:[…])
SOUTH
AFRICAN MERCANTILE
CORPORATION
(PTY) LTD
SIXTH RESPONDENT
ALEXANDER
FRASER & SON SA
(PTY)
LTD
SEVENTH RESPONDENT
ALEXANDER
FRASER & SON LTD
LONDON
EIGHTH RESPONDENT
PEECON
PROPERTIES
NINTH RESPONDENT
SOUTH
AFRICAN SECURITISATION
TENTH RESPONDENT
ZR
PERTOLEUM MARKETING
(PTY)
LTD
ELEVENTH RESPONDENT
REDTREE
CAPITAL (PTY) LTD
TWELFTH
RESPONDENT
MIA
GAS SUPPLIES (PTY) LTD
THIRTEENTH RESPONDENT
AP
MERRIC T/A ENTERPRISE 2000
FOURTEENTH RESPONDENT
INTER
AFRICA ENGINEERING
(PTY)
LTD
FIFTEENTH RESPONDENT
TEAM
PLATING WORKS (PTY) LTD
SIXTEENTH RESPONDENT
SOUTH
AFRICAN REVENUE
SERVICE
SEVENTEENTH
RESPONDENT
RAS
H.E.
EIGHTEENTH
RESPONDENT
HODGKISS
R.V.
NINTEENTH
RESPONDENT
ARMITAGE
C.
TWENTIETH RESPONDENT
BADENHORST
J.J.
TWENTY-FIRST
RESPONDENT
STEWART-ROSS-FITZALAN
C.A.
TWENTY-SECOND
RESPONDENT
MBATHA
Z.C.
TWENTY-THIRD RESPONDENT
BONNIN
C.N.
TWENTY-FOURTH
RESPONDENT
ALBRECHT
J.S.
TWENTY-FIFTH RESPONDENT
SWANEPOEL
S.D.J.
TWENTY-SIXTH RESPONDENT
ABSA
BANK LIMITED
TWENTY-SEVENTH
RESPONDENT
THOMAS
D.
TWENTY-EIGHTH
RESPONDENT
DELPORT
S.J.
TWENTY-NINTH
RESPONDENT
SZALEK
R.
THIRTIETH RESPONDENT
HOLTZHAUSEN
E.N.
THIRTY-FIRST RESPONDENT
JUDGMENT
TWALA
J
[1]
This is an application for leave to appeal the judgment and order of
this Court handed down
on the 1
st
of September 2023, which
granted the applicant the relief it sought in terms of the notice of
motion.
[2]
For the sake of convenience, in this judgment I will refer to the
parties as they were referred
to in the main judgment. As was the
case in the main application, it is the fifth, sixth and seventh
respondents who brought this
application for leave to appeal.
[3]
It is a trite principle of our law that leave to appeal may only be
given where the Judge
or Judges concerned are of the opinion that the
appeal would have a reasonable prospect of success or where there is
some other
compelling reason why the appeal should be heard,
including conflicting judgments on the matter under consideration.
[1]
[4]
The grounds for the leave to appeal are succinctly stated in the
notice of application for leave
to appeal and I do not intend to
restate them in this judgment. Furthermore, I would like to extend my
gratitude and appreciation
to both counsel for the submissions made
at the hearing of this application.
[5]
I am of the view that I have considered all the issues raised in this
application for leave to
appeal in my judgment. I am therefore not
persuaded that another Court may come to a different conclusion in
this case. Put in
another way, I am of the considered view that there
are no reasonable prospects of success in this appeal. Therefore, the
application
for leave to appeal falls to be dismissed.
[6]
In the circumstances, I make the following order:
The application for leave
to appeal is dismissed with costs.
TWALA
M L
JUDGE
OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION
Date
of Hearing:
18
th
of March 2024
Date
of Judgment:
22
nd
of March 2024
Appearances
For
the Applicant:
Advocate L Hollander
Instructed
by:
Jason
Michael Smith Attorneys
Tel:
011 447 8188
kerry@jmsinc.com
For
the Respondents:
Adv. J Herschensohn
Instructed
by:
Romanos Attorneys
Tel: 012 460 7660
office@romanos.co.za
[1]
See
section 17
(1)(a)(i)
and (ii) of the
Superior Courts Act 10 of 2013
.