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[2016] ZAGPPHC 643
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BDM Staffing (Pty) Limited v M A Automotive Tool & Die (Pty) Limited (28811/2016) [2016] ZAGPPHC 643 (27 July 2016)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
DATE:
27 JULY 2016
CASE NO: 28811/2016
In the matter
between:
BDM
STAFFING
(PTY)
LIMITED
Plaintiff
and
M
A
AUTOMOTIVE TOOL
&
DIE (PTY) LIMITED Defendant
JUDGEMENT
MBONGWE, AJ
[1] I have read the
papers filed of record, heard and considered the various issues
raised in arguments for and against the application
for summary
judgement. I am of the view that such issues, particularly those
relating but not limited to the alleged impossibility
of
performance, require a proper ventilation in a trial.
[2] For the said
reason I find that the application for summary judgement must fail.
[3] In the result the
following order is made:
1. The application
for summary judgment is dismissed.
2. The costs of the
application are reserved.
M MBONGWE, AJ
ACTING JUDGE OF THE
HIGH COURT, PRETORIA
Date of hearing: 12
July 2016
Date of judgement:27
July 2016
APPEARANCES
On
behalf of the Plaintiff: Adv. H C Bothma
Instructed
by:Hittingh & Ndzabandzaba Attorneys, Pretoria
For the Defendant:
Adv. M Sibanda with him, J Braum
Instructed by:Webber
Wetzel Attorneys Johannesburg.