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[2022] ZAGPPHC 770
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Ellison v Breytenbach N.O and Others (Amendment to Leave to appeal) (84994/2019) [2022] ZAGPPHC 770 (14 October 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO: 84994/2019
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES:NO
REVISED
14
October 2022
In
the matter between: -
CLIVE
MALCOLM ELLISON
Applicant
And
MARHINUS
JACOBUS DEWALD BREYTENBACH N.O
. First
Respondent
RICHRD
HICKEN N.O.
(In
their capacity as Joint Trustees of
CLIVE
MALCOLM ELLISON)
Second
Respondent
CITY
OF TSHWANE
Third
Respondent
This
judgment is issued by the Judge whose name is reflected herein and is
submitted electronically to the parties/their legal representatives
by email. The judgment is further uploaded to the electronic file of
this matter on CaseLines by the Judge or her Secretary. The
date of
this judgment is deemed to be
14 October 2022.
AMENDED
RULING ON COSTS IN THE APPLICATION FOR
LEAVE
TO APPEAL
[1]
On 3 October 2022, I granted the
applicant leave to appeal to the Full Court of the Gauteng Division.
[2]
The order I made at the time read as
follows:
“
10.1
Leave to appeal is granted to the Full Court of the Gauteng Division
with costs.”
[3]
In granting the applicant leave to
appeal, I should have awarded costs to read “costs in the
appeal” instead of granting
leave “with costs.”
[4]
The costs so awarded by me, was clearly
a patent error in terms of Rule 42(1)(b) and same at the request of
the applicant and by
agreement with the respondent is accordingly
corrected in terms of the rule.
[5]
Annexed, please find a copy of the
amended Judgment.
COLLIS C
JUDGE OF THE
HIGH COURT
GAUTENG
DIVISION
APPEARANCES
Counsel
for Applicant :
Adv. CB Ellis
Instructed
by :
Jacobson and Levy Inc. Attorneys
Counsel
for Respondents :
Adv. L Hollander
Instructed
by :
Serfontein, Viljoen
and Swart
Attorneys
Date
of Hearing :
07 September 2022
Date
of Ruling :
14 October 2022