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[2015] ZAGPPHC 155
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Heukelman and Others v Heukelman N.O. and Another (6751/2010) [2015] ZAGPPHC 155 (11 March 2015)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
NORTH DIVISION, PRETORIA
Case No.:
6751/2010
Date: 11 March
2015
Not reportable
Not of interest
to other judges
In the matter
between:
HERMAN
HEUKELMAN
.....................................................................................
First
Applikant
JAN
HEUKELMAN
............................................................................................
Second
Applikant
ANNA ELIZABETH
PRINSLOO
........................................................................
Third
Applicant
(born Heukelman)
and
FRITS HEUKELMAN
N.O.
…..........................................................................
First
Respondent
FRITS
HEUKELMAN
....................................................................................
Second
Respondent
JUDGMENT ON
APPLICATION FOR LEAVE TO APPEAL
1. After having
heard argument on the application for leave to appeal against this
Court’s judgment and order dismissing the
applicants’
application for a review of the Taxing Master’s taxation and
the consequent order granting the applicants
their costs of the
review, the Court had to take some time to reread the papers and
study the parties’ submissions and references
to authorities.
2. This process has
resulted in a delay which, although foreseen by the Court at the
hearing of the application already, is regretted.
3. After having
given serious thought to the matter the Court has come to the
conclusion that the following order must be made:
1. Leave to appeal
against the Court’s judgment dismissing the application for a
review of the Taxing Master’s taxation
is granted;
2. Leave to appeal
against the subsequent order awarding costs of the review is granted;
3. Leave is granted
to appeal to the Full Bench of this Division;
4. The costs of the
application for leave to appeal will be costs in the appeal.
Signed at Pretoria
on this 11
th
day of March 2015.
E BERTELSMANN
Judge of the High
Court.