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South Africa: Eastern Cape High Court, East London Local Court
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[2019] ZAECELLC 21
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BW Bright Water Way Props (Pty) Ltd v Eastern Cape Development Corporation (EL848/2017; ECD 2148/2017) [2019] ZAECELLC 21 (5 September 2019)
IN
THE HIGH COURT OF SOUTH AFRICA
EASTERN
CAPE LOCAL DIVISION, EAST LONDON
CASE
NO: EL 848/2017
ECO
2148/17
Before
the Honourable Madam Justice
I
T
Stretch Date:
Thursday,
5 September 2019
In
the matter between:
BW
BRIGHT WATER WAY PROPS (PTY) LTD
Applicant
and
EASTERN
CAPE DEVELOPMENT CORPORATION
Respondent
Having
heard Mr Quinn SC for the applicant and Mr Beyleveld SC for the
respondent, and having read the papers filed of record:
IT
IS ORDERED THAT:
1.
The
order of this Court dated 26 July 2019 is supplemented by the
addition, after paragraph (b) of the following:
"(c) The
order of constitutional invalidity in paragraph (b) above does not
have the effect of divesting the applicant of any
rights to which it
is entitled under the lease contract, but for the declaration of
invalidity."
2.
The
order of 26 July 2019 at paragraph (c) is renumbered as paragraph
(d).
3.
The
respondent is directed to pay the costs of this application.
It
is recorded that reasons for this order will be handed down in due
course.
BY
ORDER OF COURT
REGISTRAR