De Wet N.O and Others v Walker and Others (Leave to Appeal) (16480/20) [2023] ZAGPPHC 1214 (28 September 2023)

35 Reportability
Civil Procedure

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal against judgment — First and second respondents, along with fourth to eighth respondents, sought leave to appeal — Court not persuaded that appeal would have reasonable prospects of success — Leave to appeal refused with costs.

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[2023] ZAGPPHC 1214
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De Wet N.O and Others v Walker and Others (Leave to Appeal) (16480/20) [2023] ZAGPPHC 1214 (28 September 2023)

IN
THE HIGH COURT OF SOUTH AFRICA
[GAUTENG
DIVISION, PRETORIA]
CASE
NO: 16480/20
(1)
REPORTABLE: YES/NO
(2)
OF INTEREST TO OTHERS JUDGES: YES/NO
(3)
REVISED
DATE:
28/09/2023
SIGNATURE:
In
the matter between:-
GERT
LOURENS STEYN DE WET NO.
First Applicant
KAREN
KEEVY NO.
Second Applicant
SIMOE
LIESEL MAGARDIE NO.
Third Applicant
IRENE
SUZAN PONNEN NO.
Fourth Applicant
[as
the joined liquidators of Aurora Empowerment Systems Pty Ltd]
AURORA
EMPOWERMENT SYSTEMS PTY LTD
(IN
LIQUIDATION)
Fifth Applicant
and
JOHN
WALKER
First Respondent
JOHN
WALKER ATTORNEYS INC
Second Respondent
SCHABORT
POTGIETER ATTORNEYS
Third Respondent
DEON
MARIUS BOTHA NO.
Fourth Respondent
BAREND
PETERSEN NO.
Fifth Respondent
ALLAN
DAVID PELLOW NO.
Sixth Respondent
JOHAN
FRANCOIS ENGELBRECHT
Seventh Respondent
[as
liquidators of Pamodzi Gold Estate Rand Ply Ltd]
PAMODZI
GOLD ESTATE RAND PTY LTD
Eighth Respondent
THE
MASTER OF THE HIGH COURT, PRETORIA
Ninth Respondent
JUDGMENT
SKOSANA
AJ
[1]
This is an application for leave to appeal against my judgment. To
avoid confusion,
I refer to the parties as in the original
application. The application for leave to appeal has been brought by
the first and second
respondents as well as the fourth to eighth
respondents.
[2]
I have considered the grounds for leave to appeal as well as the
arguments presented
by the respective counsel. I am not persuaded
that the appeal would have reasonable prospects of success.
[3]
Consequently, I make the following order:
[1]
Leave to appeal is refused with costs.
DT
SKOSANA
Acting
Judge of the High Court
Pretoria